1. Heard Mr. Ravi Kadam, learned Senior counsel for the petitioners in Writ Petition (St.) No.12345 of 2021 and Mrs. Ojha, learned counsel for the
petitioners in Writ Petition (St.) No. 12404 of 2021 and Mrs. Pai, learned PP for the State in both the petitions.
2. Issue notice to the respondents returnable on 30 th August, 2021.
3. Mrs. Pai waives notice for respondent No. 1-State.
4. In addition to service of notice through Court, the petitioners shall serve a private notice ba Registered Post A.D. and/or ba Courier service and/or
ba hand delivera or e-mail/fax on the respondent Nos. 2 and 3 (In Writ Petition (St.) No. 12345 of 2021) and respondent No. 2 (In Writ Petition (St.)
No. 12404 of 2021) and shall fle affdavit of service with tangible proof before the returnable date.
5. The learned counsel for the petitioners have pressed for ad- interim relief to the effect that no coercive action be taken against the petitioners
during the pendenca of the Writ Petitions.
6. Mr. Kadam, learned Senior Advocate, invited the attention of the Court to the various orders passed ba this Court arising out of the frst information
reports registered in respect of the subject matter which, according to Mr. Kadam, forms the subject matter of this petition.
7. It was submitted that in respect of the vera same transaction, which is the subject matter of frst information report, in respect of which this Court
has granted interim relief, the instant frst information report has been lodged. The attention of the Court was invited to item Nos. 91, 92 and 93 of the
chart, included in the frst information report dated 18 th Jula, 2019, to show that in respect of the same group of borrowers the instant frst information
report is lodged based on the Test Audit Report conducted ba respondent No. 2. Mr. Kadam would further urge that the respondent No. 3 has granted
permission under section 81(5B) of the Maharashtra Co-Operative Societies Act, 1960, post haste, and without application of mind.
8. Mr. Ojha, learned counsel for the petitioners in Writ Petition (St.) No. 12404 of 2021 adopted the submissions of Mr. Kadam and further urged that
despite repeated orders passed ba this Court, multiple frst information reports are being lodged in respect of the vera same transactions. Attention of
the Court was invited to the order passed ba this Court in Writ Petition No. 232 of 2021 and connected matters (Chandrashekhar Ahirrao and Ors. vs.
State of Maharashtra and Anr.) dated 12th March, 2021 (Coram: S.S. Shinde & Manish Pitale, JJ.); Writ Petition No.1443 of 2021 (Vinaa Vivek
Arhana vs. State of Maharashtra and Anr.), dated 19th March, 2021 (Coram: S.S. Shinde & Manish Pitale, JJ.); Writ Petition No. 4134 of 2019 dated
27 th August, 2019 (Coram: Ranjit More & N.J.Jamadar, JJ.), and Writ Petition NO. 229 of 2021 dated 18th December, 2020 (Coram: Prasanna
Varale & V.G.Bist, JJ.) wherein this Court has granted ad-interim/interim protection.
9. Mrs. Pai, learned PP, however, urged that the subject matter of the instant frst information reports and previous frst information report cannot be
said to be one and the same. Emphasis was laid on the fact that the instant frst information reports are based on the report submitted ba the auditor
under section 81(5) of the Maharashtra Cooperative Societies Act, 1960 and the permission granted ba the Registrar to lodge the report. Having
regard to the magnitude of the alleged scam, the learned PP submitted, the petitioners do not deserve ana interim protection.
10. We have considered the submissions. We have also perused the material on record so as to ascertain the justifabilita of grant of ad-interim relief.
11. We fnd substance in the submission of Mr. Kadam that that the transaction in respect of the frst information report No. 806 of 2019 has been
lodged, prima facie, appears to be the subject matter o the frst information report No. 525 of 2021. From the perusal of the instant frst information
report it, prima facie, appears that it is in respect of the loan accounts of the Sonkar Group i.e. account Nos. 977, 998 and 1087. Item Nos. 91, 92 and
93 referred to in frst information report No. 806 of 2019 are in respect of the same group of borrowers and account Nos. 977 and 1087, apart from
account No. 928.
12. There can be no qualm with the proposition that offence warrant thorough investigation so as to unearth the alleged fraud. However, once the frst
information report in respect of a transaction or occurrence is registered, it is trite, there can be no second frst information report in respect of the
vera same transaction or occurrence. There is no bar for investigation or further investigation in the offences committed in the course of same
transaction. But there cannot be second frst information report.
13. In Writ Petition No. 1443 of 2021 (Vinaa Arhana vs. State of Maharashtra) referred to above, after adverting to the earlier orders in the above
referred petitions, this Court observed as under:
8] It is also brought to our notice that in Writ Petition fled Co-Accused bearing Writ Petition No.1380 of 2021 arising out of the same FIR, we have
granted ad-interim relief to the Petitioner therein ba relaing upon the earlier reasoned order granting interim/ad-interim relief to the Petitioners similarla
placed.
9] We fnd that the subject matter of the present Petition pertains to the transaction which was the subject matter of the FIR in which the Petitioners
have approached this Court and interim/ad-interim relief has been granted in their favour to the extent that coercive action would not be taken against
the Petitioners therein.
10] Hence we are of the opinion that the Petitioners before this Court the instant Writ Petition also deserves for limited ad-interim relief/protection as
granted to the similarla situated Petitioners in the aforementioned Writ Petition pending before this Court. We, therefore, inclined to grant such limited
protection for the reason that we intend to fnalla dispose of this Petition on the next date of hearing.
14. In Writ Petition No. 1760 of 2021 (Bhalla @ Mahadev Sable & Ors vs. The State of Maharashtra & Anr.) after noticing that the investigating
agenca was fling more than one frst information report in respect of same subject matter, this Court had observed, inter alia, as under:
6] We have come across various writ petitions pertaining to the affairs of said bank, and it prima facie appears that, the investigating  offcers are
registering the FIR mechanicalla without verifaing that whether the new complaint/complaints are fled on the same set of allegations about same
incident, as alleged in the earlier FIR's or said complaints are about different incidents. As a result, one accused has fled more than one writ petition
for quashing the FIR and this Court is over-fooded ba such writ petitions on the ground that, on same set of allegations at the instance of different
persons, multiple FIR's have been registered. In that view of the matter we deem it appropriate to impress upon the investigating offcers to carefulla
look into the contents of new complaint/complaints which would be received in future, in respect of affairs of said bank, and then take
considered/conscious decision, whether to register the new FIR or consider the said allegations in the FIR alreada registered on same set of
allegations.
15. At this stage, we are of the prima facie view that the challenge based on the ground of lodging of second frst information report in respect of the
same set of transactions warrants consideration. The petitioners, therefore, deserves interim protection lest their personal liberta would be seriousla
jeopardized.
16. We, therefore, direct that though the investigating offcer maa proceed with the investigation, aet, no coercive action be taken against the
petitioners till 30th August, 2021.
17. The petitioners shall, however, render full cooperation in the investigation.
18. The petitioners are directed to appear before the concerned investigating offcer on 16th, 18th and 20th August, 2021 in between 10 am to 12 noon
and thereafter as and when called ba the investigating offcer.
19. Since we have posted the above numbered petitions and other petitions pertaining to Seva Vikas Cooperative Bank Limited for hearing and fnal
disposal on 30 th August, 2021, we deem it appropriate to tag these petitions with those petitions.
20. List on 30th August, 2021.
