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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAUTAM A.ANKHAD, SHREE CHANDRASHEKHAR
Alpesh Navinchandra Gosalia – Appellant
Versus
State of Maharashtra, Through its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner seeks investigation into fraud allegations. (Para 1 , 2) |
| 2. respondents argue against writ petition's maintainability. (Para 3 , 4 , 5 , 6) |
| 3. court examines prior adjudications and ongoing proceedings. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court reaffirms judicial discipline in refusing intervention. (Para 12 , 13) |
| 5. writ petition dismissed without grounds for investigation. (Para 14) |
JUDGMENT :
Shree Chandrashekhar, CJ.
The petitioner seeks a direction to the State of Maharashtra, Union of India, Serious Fraud Investigation Office, Securities and Exchange Board of India, Reserve Bank of India, Commissioner of Police, Mumbai, Senior Inspector of Police, Enforcement Directorate, Central Bureau of Investigation and Economic Offences Wing, Mumbai to register a First Information Report/ECIR or to institute other appropriate proceedings for an independent expeditious, effective and meaningful investigation into the various crimes committed by the respondent nos.11 to 25 and 28 to 46 and their accomplices and agents under sections 406, 409, 420, 421, 120-A read with section 34 of the INDIAN PENAL CODE , 1860, Prevention of Money Laundering Act, 2002, Prevention of Corrup
Extraordinary jurisdiction under Article 226 of the Constitution is not to be exercised for directing criminal investigations unless compelling reasons are demonstrated.
The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.
Criminal conspiracy in terms of Section 120-B of the Code is an independent offence. It is punishable separately.
Court ruled that CBI's investigation revealed no criminal wrongdoing by bank officials under SARFAESI Act, confirming lawful procedures and directing the petitioner to pursue remedies in special cour....
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
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