Bombay High Court

IMRAN ABDUL TAMBOLIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as the notice is within police powers under Section 91 and the matter is already sub‑judice in a civil suit.

Summary

The petitioner, Imran Abdul Tamboli, filed a criminal writ petition challenging a notice dated 18 May 2023 issued by Kotwali Police Station, Ahmednagar, which demanded production of documents in response to a complaint by Rajendra Punjaji Pagar. The petitioner argued that the notice was unlawful, while the respondent‑State contended that the police were empowered to issue such notice under Section 91 of the Criminal Procedure Code. The Court observed that the petition did not merit a writ of mandamus and noted that the same subject matter was already the basis of Special Civil Suit No. 18/2024 filed by the petitioner against Ujwala Rajendra Pagar and Rajendra Punjaji Pagar. Since the civil suit was pending, the Court held that the writ petition could not proceed. Consequently, the petition was disposed of without granting any relief.

Issues considered

Whether the police station was authorized to issue a notice under Section 91 of the Criminal Procedure Code in the circumstances of the complaint.
Whether the writ petition is maintainable when the same subject matter is pending before a civil court.

Legislation cited

Code of Criminal Procedure, 1973 — s. 91

Subjects

Criminal Procedure Code
Section 91
Police notice
Writ petition
Civil suit pendency
Jurisdiction

Judgment

2026:BHC-AUG:41307-DB

                                                                           828.23WP

                                                   1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        918 CRIMINAL WRIT PETITION NO.828 OF 2023

                                   IMRAN ABDUL TAMBOLI
                                            VERSUS
                        THE STATE OF MAHARASHTRA & OTHERS
                                                ...
                 Advocate for the petitioner : Mr.Shaikh Mazhar A.Jahagirdar
                         APP for Respondent-State : Mr.S.J.Salgare
                                                ...
                                     CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                        DATE       :   04.09.2026
                 P.C. :


                 1]         Heard.



                 2]         The Petition appears to be filed for challenging the

                 notice dated 18.05.2023 issued by the Kotwali Police Station,

                 Ahmednagar       for   calling   certain   documents   from   the

                 petitioner pursuant to the complaint made by one Rajendra

                 Punjaji Pagar.



                 3]         The learned APP by pointing out the relevant

                 provisions of Section 91 of the Criminal Procedure Code

                 submits that the concerned Police Station was having every

                 right to issue such notice when the complaint was received

                 by them.
                                                        828.23WP

                               2



4]         In the notice itself, the reference of the complaint

filed by Rajendra Punaji Pagar has come. The record shows

that this Court was not at all inclined to issue notice in this

matter pursuant to the prayer. However, thereafter the report

of the Resource Personnel of this Court dated 03.09.2026

clearly indicates that Special Civil Suit No.18/2024 appears

to be filed by the petitioner and his relatives against Ujwala

Rajendra Pagar and Rajendra Punjaji        Pagar. Under such

circumstance, when the subject matter of the impugned

notice is also subject matter of the suit, nothing will survive

in this Petition. In view of the same, the Writ Petition stands

disposed of.



[VAISHALI PATIL-JADHAV]            [SANDIPKUMAR C.MORE]
        JUDGE                           JUDGE


DDC

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