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2012 Supreme(Bom) 382

MOHIT S.SHAH, ROSHAN DALVI
Sanjay Dinanath Tiwari – Appellant
Versus
Director General of Police (Anti Corruption) – Respondent


Advocate Appeared:
For the Petitioner:Mahesh Jethmalani, Sr. Advocate with Mihir Desai, Advocate.
For the Respondents:R1 & R5, Ravi Kadam, Advocate General with D.A. Nalawade, GP, R8 & R10, Janak Dwarkadas, Sr. Advocate with H.V. Kode i/b. The Law Point, R9, Mukul Rohatgi, Sr. Advocate with C.G. Gavnekar with G.S. Hiranandi, R13 & R14, Shrihari Aney, Sr. Advocate with S.S. Kanetkar, R4, R6 & R7, D.J. Khambatta, Additional Solicitor General, R11 & R12, A.A. Kumbhakoni with Ashutosh Gavnekar with R.S. Shekhawat, Advocates.

Judgment :

1. The Petitioner, as a concerned and informed citizen, has filed this Petition in public interest seeking investigation into the financial affairs of Respondent Nos. 9 to 14 who are members of one family and for registration of offences under the Prevention of Corruption Act 1988, Prevention of Money Laundering Act, and Indian Penal Code. The Petitioner made a similar complaint for registering offence against Respondent Nos. 9 to 14 under the Income Tax Act which has been separately dealt with.

2. The Petitioner has contended that Respondent Nos.1 to 7 have, in collusion with Respondent Nos. 9 to 14 not carried out fair and impartial investigation into their financial affairs. The Petitioner claims that respondent No.9 has amassed a vast fortune by corrupt and illegal means and upon laundering monies received by him in the course of his public service which have not been accounted for and which require to be investigated. The Petitioner has given following particulars about respondent No.9 and his family members.

2.1. The Respondent No.9 is shown to be a “rags to riches” story. He serves as an MLA earning a salary of Rs.45000/- p.m. He hails from the State of Uttar Prade

































































































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