Bombay High Court
NIMESH PRAKASHBHAI PATELversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The court disposed of the criminal application, effectively allowing the applicant to comply with the notice without further judicial intervention.
Summary
The applicant, Nimesh Prakashbhai Patel, challenged a notice issued by the Investigation Officer of Wada Police Station requiring him to appear for a statement regarding a Rs. 10,45,000 deposit in his bank account. He argued that the deposit was unsolicited, he promptly transferred the amount back, and therefore there was no basis for the notice. The State, through its assistant public prosecutor, maintained that the applicant must appear to record his statement about the deposit. The applicant agreed to appear, seeking to do so with prior intimation before 31 January 2026. The court, noting the parties' agreement on the procedural steps, disposed of the criminal application without further order.
Issues considered
- Whether the notice issued to the applicant to appear before the Investigation Officer is valid and enforceable under criminal procedure.
Subjects
- notice to appear
- investigation officer
- criminal procedure
- bank deposit
- application disposal
Judgment
22-APL-48-2026.doc
Digitally signed
by GAYATRI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAYATRI RAJENDRA
SHIMPI
RAJENDRA Date:
SHIMPI 2026.01.21
20:11:21
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 48 OF 2026
Nimesh Prakashbhai Patel … Applicant
V/s.
The State of Maharashtra & Anr. … Respondents
---
Mr. Jeetendra Ranawat a/w Mr. Gaurv Gupta, Advocates for
Applicant.
Mr. Sukanta Karmakar, APP for Respondent No. 1 – State.
Ms. Pallavi Jaywant Bane – PSI, Wada Police Station.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 17th JANUARY, 2026.
P.C. :
1. Applicant is aggrieved by the Notice dated 25 th July,
2025 issued by the Investigation Officer, Wada Police Station,
Thane, calling upon the Applicant to remain present before the
said Investigation Officer.
2. Mr. Jeetendra Ranawat, learned Advocate for the
Applicant states that on one fine day an amount of Rs. 10,45,000/-
came to be deposited in the account of the Applicant. He submits
that the deposit of the said amount was without the knowledge of
Gayatri shimpi 1
22-APL-48-2026.doc
the Applicant and without there being any transaction or dues
from the person who deposited the said amount in the Applicant’s
bank account. He submits that the Applicant was not aware of the
reason for the deposit of such a huge amount in his account. He
submits that the Applicant upon attaining knowledge of the said
deposit, immediately re-transferred the said amount to the account
from which it was received. He therefore submits that there is
neither any reason nor any ground for issuance of the Notice
calling upon the Applicant to appear the Investigation Officer,
Wada Police Station, Thane.
3. Mr. Sukanta Karmakar, learned APP for the State, on
instructions from the Investigating Officer, states that Applicant is
required to appear before the Wada Police Station for the purpose
of recording his statement in connection with the deposit of the
said amount in the bank account of the Applicant.
4. Mr. Jeetendra Ranawat, states that the Applicant is
ready to visit the Wada Police Station and give his statement. He
on instructions submits that the Applicant, with prior intimation to
the Investigation Officer of Wada Police Station, report before him
Gayatri shimpi 2
22-APL-48-2026.doc
for recording the statement, on or before 31st January, 2026.
5. Mr. Sukanta Karmakar, states that the Applicant can
appear before the Investigation Officer of Wada Police Station, on
or before 31st January, 2026, with atleast one day prior intimation.
6. Mr. Jeetendra Ranawat, learned Advocate for the
Applicant submits that this Application can be disposed of on the
basis of the above statements made by Mr. Sukanta Karmakar,
learned APP for the State.
7. Criminal Application No. 48 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 3
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