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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