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Bombay High Court

RAZIUDDIN MOJIBUDDIN KHAN AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

A writ petition directing the CBI to investigate alleged offences is not maintainable where the Supreme Court has ruled otherwise.

Summary

The petitioners filed a writ petition seeking directions to the Central Bureau of Investigation (CBI) to investigate alleged offences based on their complaint. The petition raised the question of its maintainability in light of the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The High Court examined that precedent and concluded that such a petition is not maintainable. Consequently, the Court disposed of the petition without ordering any investigation. No substantive merits of the alleged offences were addressed.

Issues considered

  • Whether a writ petition seeking directions to the CBI to investigate alleged offences is maintainable after the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra

Subjects

  • CBI investigation
  • writ petition
  • maintainability
  • Supreme Court precedent
  • criminal appellate jurisdiction

Judgment

                        DTG                                                                41-Wp-5428-2018.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                    WRIT PETITION NO. 5428 OF 2018

                        Raziuddin Mojibuddin Khan & Ors.                                  … Petitioners
                                     V/s.
                        The State of Maharashtra & Ors.                                   … Respondents
                                                _______________________________________


                        Mr. Shahzad Naqvi for Petitioners.

                        Smt. P.P. Shinde, A.P.P. for Respondent-State.

                        Mr. Ajay Patil for Respondent No.2-CBI.
                                          _______________________________________

                                                         CORAM : A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                         DATE  : 31st July 2026

                        P.C. :

                        1)                  In view of decision of the Hon’ble Supreme Court in the case of

                        Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors., reported in

                        2026 SCC OnLine SC 798 , present Petition for directions to the CBI to

                        investigate the alleged offences committed by the Respondents on the basis

                        of the complaint of the Petitioners, is not maintainable.

                        1.1)                Petition is accordingly disposed off.




                                            ( KAMAL KHATA, J. )                     ( A.S. GADKARI, J. )
               Digitally signed by
               DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM   GHUMNAR                                                                                              1/1
GHUMNAR     Date: 2026.08.06
               18:24:15 +0530


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