August 10, 2022

The Bombay Excessive Court docket on Monday rejected the petition filed by Housing Improvement and Infrastructure Restricted’s (HDIL) promoter Rakesh Wadhawan, 69, difficult his custody granted to the Financial Offence Wing (EOW) in an alleged housing rip-off of Rs 113 crore after submitting of the chargesheet within the case.

The EOW, in September 2020, had registered an offence towards Rakesh, Sarang Wadhawan different administrators of HDIL and its subsidiary agency Guruashish Constructions Pvt Ltd underneath Maharashtra Possession of Flats Act (MOFA). They had been accused of taking cash from 465 homebuyers and never delivering them flats of their undertaking, The Meadows, at Goregaon.

On Monday, Justice PD Naik rejected Wadhawan’s petition saying: “Petition is rejected. Causes to be recorded individually.”

Wadhawan had challenged the order of the trial courtroom of July 7 this 12 months whereby his custody was granted to the EOW after the chargesheet was filed within the case and cognizance (of the chargesheet) taken by the courtroom.

Niranjan Mundargi, Wadhawan’s advocate, argued that the EOW had already filed the chargesheet within the case and Rakesh has been named in it. “They (EOW) have even filed chargesheet towards me (Rakesh). AT the time, I used to be in custody in one other case. Therefore, they will’t even say I used to be not accessible for questioning and therefore require his custody,” argued Mundargi in search of quashing of the remand order.

Further public prosecutor Arfan Sait opposed the plea citing Supreme Court docket judgment which stated that an accused’s custody could be taken by the investigating company even after submitting of the chargesheet.

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In December 2020, the EOW accomplished the investigation and filed the chargesheet within the case towards Sarang Wadhawan and Rakesh Wadhawan. All of the whereas, Rakesh was not arrested within the case.

On February 18, 2021, Sarang Wadhawan was granted bail by the extra session within the case.

Rakesh Wadhawan, then on April 19, 2022, filed a bail plea earlier than the particular choose citing parity.

Nonetheless, the classes choose on April 29 this 12 months, issued a warrant towards Rakesh Wadhawan following an utility filed by the EOW in search of his remand within the case.

The courtroom then remanded him to EOW custody which he challenged earlier than the HC.

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