The Bombay High Court on Monday allowed a plea by Deepak Nikalje, brother of underworld don Chhota Rajan and another businessman to be withdrawn after the prosecution pointed out that the trial in the case had already begun.

Additional Public Prosecutor Vinod Chate told the court that not only has the chargesheet been filed by police, but charges have also been framed and the trial is underway.

Nikalje and co-petitioner Rahu Waghmare had approached the court seeking to quash the FIR registered by the Economic Offence Wing (EOW) of Mumbai Police for cheating and forgery. The FIR invoked Sections 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code (IPC). The petition had also sought an interim stay on the investigation.

The case dates back to 2012, when it was first registered at Kherwadi police station and later transferred to the EOW. It was filed by businessman Kartik Bhatt, who runs a family-owned firm.

According to the complaint, Nikalje and Waghmare, as proprietors of Adishakti Developers, approached Bhatt claiming rights in a slum redevelopment project in Siddharth Nagar. They claimed to have consent from 70 per cent of residents and sought his help to fund the project. Bhatt agreed to invest Rs 90 crore in instalments and paid an initial Rs 6.5 crore. But the work never started.

Bhatt alleged that in the meantime, Chhota Rajan and his associates threatened him. He also claimed the agreement was unilaterally revoked.

Nikalje has a long criminal record. Since 2001, multiple cases have been registered against him. He has been acquitted in two and is facing trial in three others, the most recent in 2021. He has also contested elections in the past.

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