Leave granted.
This order will dispose of both these
appeals. Brief facts which are necessary to dispose
of these appeals are recapitulated as under:
The First Information Report, (for short the
FIR) No.137/2009 dated 25th July, 2009 under
Sections 420 and 120-B of the I.P.C. has been filed
at the Police Station Colaba, District Mumbai,
against the respondent Sanjay Dalmia.
The respondent filed a writ petition for
quashing the said FIR before the High Court of
Delhi at New Delhi. The learned Single Judge of
the Delhi High Court has directed the respondent to
join the investigation and further directed that
there shall be stay of any coercive process against
the respondent by the State.
The State of Maharashtra and the complainant
have approached this Court against the said order
dated 26.8.2009 passed by the learned Single Judge
of the Delhi High Court in Writ Petition (Criminal)
No. 1184/2009.
In the facts and circumstances of the case,
we direct the respondent Sanjay Dalmia to join the
investigation and fully cooperate with the
Investigation Agency. In case, the respondent wants
to initiate any proceedings emanating from FIR No.
137/2009, the same would be initiated only in
Mumbai Courts. The subordinate courts in Mumbai
would decide those proceedings on the merits of
those proceedings without being influenced by the
order of the High Court of Delhi dated 26.8.2009
passed in Writ Petition (Crl.) No. 1184/2009.
The respondent is further directed to deposit
his passport with the Registrar General of the High
Court of Bombay, within ten days from today. The
respondent Sanjay Dalmia is permitted to travel
abroad only after obtaining prior permission of the
Bombay High Court. The interim protection granted
by the Delhi High Court shall continue for a
further period of six weeks.
In the facts and circumstances of the case,
we deem it appropriate to transfer the proceedings
of Writ Petition (Crl.) No. 1184/2009 pending
before the learned Single Judge of the Delhi High
Court to the Bombay High court. The Registrar
General of the Delhi High Court is directed to send
the records of Writ Petition (Crl.) No. 1184/2009
to the Bombay High Court.
We request the Hon'ble Chief Justice of the
High Court of Bombay to assign (Writ Petition
(Crl.) No.1184/2009) transferred from the Delhi
High Court to Bombay High Court, to an appropriate
Bench. All the parties may appear before the
Bombay High Court on 3rd November, 2009.
The appeals are disposed of accordingly.