Back
BOMBAY HIGH COURT
MRS APARNA MAYUR SETHIA – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
ORDER :
1. Heard learned senior counsel for the petitioners in all the matters and learned APP for the respondent. In all these matters notices dated 14th February 2024 under Section 91 of the Code of Criminal Procedure issued by the Superintendent of Police (UOW), Ahmednagar to the Collector of Stamps, Collector Office, Ahmednagar pursuant to the First Information Report vide Crime No.121 of 2022 registered with Kotwali Police Station, Ahmedngar for the offence punishable under Sections 409, 420, 467, 468, 471 read with Section 34 of the Indian Penal Code, and Section 3 Maharashtra Protection of Interest of depositors (in Financial Establishments) Act (for short “the M.P.I.D. Act”), are challenged.
2. Learned Senior Counsel Mr. Deshmukh instructed by Advocate Mr. Chavan submits that out of four petitioners, petitioners in Writ Petition No.1073 of 2024 and 1142 of 2024 have been added as accused subsequently to the offence. However, the petitioners in other two petitions are neither the accused nor they are the borrowers, still the impugned order which is alleged to be under Section 91 of the Code of Criminal Procedure restrains the Collector of Stamps from registering the sale trans
The investigating officer cannot issue prohibitory directions under Section 91 of the CrPC regarding property transactions; such actions must comply with the M.P.I.D. Act.
The police do not have the authority to direct the Bank to release collateral securities to a private respondent under section 91 of the Cr.P.C. unless the production of the document is necessary for....
Investigating officers cannot freeze bank accounts under Section 91 without following proper legal procedures detailed in Section 102.
Point of law: Section - 91 of Cr.P.C. cannot be invoked against the person accused of an offence and the said Section does not apply to the accused persons and that the Court and Police Officer is no....
Section 91 Cr.P.C. does not apply to accused persons and cannot be invoked against them.
(1) Notice under Section 91 of Cr.P.C. though requires to be specific and not a fishing expedition, is not per se illegal on suspicion of police to a money trail, which has a link between several acc....
The main legal point established is that the term 'Court' in Section 91 Cr.P.C. is not limited to the Court where the FIR was filed, and the power to seize documents for investigation purposes extend....
Executive Magistrate cannot pass any order, once there is anything to say that prima facie, any person in possession and once there is a civil matter pending.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
