Abdul Gani Mohammad Yunus Ansari And Others v. State Of Maharashtra Through Its Principal Secretary And Others

46 WP.13313.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

46 WRIT PETITION NO.13313 OF 2022 ABDUL GANI MOHAMMAD YUNUS ANSARI AND OTHERS

VERSUS

STATE OF MAHARASHTRA, THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Chaitanya C. Deshpande. AGP for Respondent/State: Mr. V. M. Kagne.

...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

02nd January, 2023.

Per Court:

1.

The petitioners are called upon by the police authorities to co-operate in furnishing information, which they desire to collect in the light of an FIR having been registered against one Mohammad Kalim Mohammad Yakub Ansari. The said person is before us in Writ Petition No.9415 of 2022 and we have protected him, only since he was under a serious apprehension, that without a proper inquiry, an amount of Rs.32,41,551/- would be recovered from him. Our order dated 21st September, 2022 in Writ Petition No.9415 of 2022 is quite clear.

2.

Grievance of the petitioners is that the police authorities are investigating into the offence registered against Mohammad Kalim

46 WP.13313.2022.odt Mohammad Yakub Ansari and the petitioners are called upon to cooperate in the investigation. They pray that they should be protected from being interrogated by the police authorities. 3.

Such orders ought not to be passed when the police authorities are following the provisions of the Code of Criminal Procedure in investigating into an offence, which has been registered. The law would take it's own course and the investigation has to be taken to a logical end.

4.

In view of the above, we find that the Writ of Mandamus ought not to be issued in such matters and hence, the writ petition is dismissed.

[ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga