In a criminal application, the Court disposed of the petition without expressing an opinion on merits, granting protection provided the applicant cooperates in ongoing investigation.
Application disposed on terms of 72-hour notice for custodial interrogation if required and undertaking for future cooperation.
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IN THE HIGH COURT OF JUDICATURE AT BOBBY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 4512 OF 2004
Shujauddin Habibullah Quershi ..Appilcant.
V/s.
State of Maharashtra .. Respondent.
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Shri Subhash Jha i/by Law Global for the Applicant.
Shri V.B. Konde Deshmukh, APP for Respondent.
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CORAM : A.M.KHANWILKAR, J.
DATED : 04.11.2004
PC :-
. Heard counsel for the parties.
2. Learned APP submits that the investigation is
still in progress and the involvement of the applicant
in the commission of the offence is still being
examined. He however, fairly accepts that so far, the
applicant has co-operated with the investigation by
producing all necessary documents and providing
requisite information which has been demanded from
him. He however, fairly accepts that the material
collected so far only indicate that the role of the
applicant was limited to notarising the documents
which were brought to him by the concerned party for
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that purpose. Several irregularities have been
noticed in maintaining the record by the applicant but
that by itself in no way would implicate the applicant
with the commission of the alleged offence. The
learned APP submits that instead of considering the
present application on merit, the appropriate course
would be to pass conditional order and dispose of this
application in the following terms :-
a) The application is disposed of on the
assurance given by the investigating officer
that in the event he has reason to believe
that the custodial interrogation of the
applicant is necessary at the relevant time,
72 hours notice will be given to the applicant
so as to enable the applicant to take recourse
to the remedy as may be permissible by law.
3. Accordingly, this application is disposed of
on the above terms without expressing any opinion on
merits of the matter.
4. It is made clear that the applicant will
co-operate for further investigation as and when
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called for. The applicant is personally present in
the court and undertakes to extend further
co-operation in the matter. Undertaking is accepted.
In case the investigation officer is of the view that
the applicant has not co-operated during the
investigation, it will be open to the Respondent to
apply to this court for revoking the limited
protection given to the applicant as per this order so
as to take appropriate steps in accordance with the
law.
5. Ordered accordingly.
Shujauddin Habibullah Quershi
State of Maharashtra
A.M. Khanwilkar
As recorded by the court registry
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