Mohammed Khan Jahan Ali Shaikh v. State Of Maharashtra

3-WP-4082-2025-(CR).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SUNNY ANKUSHRAO THOTE Date:

2025.08.14 10:04:50 +0530 SUNNY ANKUSHRAO THOTE CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4082 OF 2025 Mohammed Khan Jahan Ali Shaikh

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Girish Agarwal a/w Mr. Utkarsh Pandey, Advocate for the Petitioner.

Mr. Y.Y. Dabake, APP for the Respondent/State. Mr. Jayesh Kulkarni, PSI, D.C.B., CID, Unit-2, Mumbai, present. CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE : 13th AUGUST, 2025 P.C. :- 1.

The learned APP submits on instructions that the Petitioner has tendered several documents. They are investigating into the same. The Authorities have a strong perception that the Petitioner is not an Indian citizen and appears to be a Bangladeshi citizen.

2.

The learned Advocate for the Petitioner submits that no details about his parents, grandparents or their education, have been set out in the Petition. The Petitioner has an Aadhar Card as well as SUNNY THOTE

3-WP-4082-2025-(CR).odt an Election Voter ID. He has registered his business of scrap with the Goods and Services Tax Department and he is regularly paying the GST. His business is registered as an undertaking with the Ministry of Micro, Small and Medium Enterprises (MSME), Government of India. He has Udyam Registration Certificate. He claims to be a regular tax payer and has a PAN Card. His grievance is that the Police are detaining him for investigation and asking him to sit, either in the Police vehicle or in the Police Station, for about four hours.

3.

The learned APP submits that the Authorities would follow the due procedure as is applicable and will conduct a proper inquiry into the matter and then draw a conclusion. The Petitioner has never been arrested or detained and that this Petition is filed only to mount pressure on the investigative agency. 4.

In view of the above statement, this Writ Petition is disposed off. Needless to state, the authorities will follow the due procedure and shall ensure that a proper verification of the documents is carried out.

(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE