Bombay High Court
Krushna S/O. Chandrakant Ghule And 3 ... vs The State Of Mah. Thr. Its Pso, Ps ... on 30 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
1/2 904.wp99.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 99 OF 2024
Krushna S/o Chandrakant Ghule and Ors.
Vs.
State of Maharashtra, Thru. Its PSO, PS Malkapur City, Tah. Malkapur, District -
Buldhana and anr.
----------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
----------------------------------------------------------------------------------------------
Mr. Ram Karode, Advocate a/w Mr. Abhijit Ghule,
Advocate for petitioners.
Mrs. S.V. Kolhe, APP for respondent Nos.1 & 2.
CORAM : VINAY JOSHI, AND
SMT.VRUSHALI V.JOSHI, JJ.
DATE : 30.01.2024
Heard.
2. In pursuance of FIR registered against some other persons, the petitioners have received a notice dated 16.01.2024 issued in terms of Section 91 of the Code of Criminal Procedure. By said communication, the petitioners are directed to deposit certain sum which is alleged to be relating to the FIR registered against a third party.
3. Prima facie, we are not satisfied that as to how the powers under Section 91 would authorize Prity 2/2 904.wp99.2024 Police Officer to issue such a directions. Section 91 is to be invoked for summoning production of documents or other things, obviously in the nature of documents or material but not money.
4. Issue notice to the respondents, returnable on 20.02.2024.
5. Mrs. S.V. Kolhe, learned APP waives service of notice on behalf of respondent Nos.1 & 2.
6. In the meantime, there shall be stay to the impugned communication dated 16.01.2024.
7. We made it clear that Investigating Officer is at liberty to invoke appropriate action for redressal as permissible under law.
JUDGE JUDGE
Signed by: Mrs. PrityPrity
Gabhane
Designation: PA To Honourable Judge Date: 31/01/2024 12:59:28