M.R.SHAH,J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.11.2020 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Writ Petition No. 226 of 2020, by which the High Court has dismissed the said writ petition challenging notice dated 04.03.2020 issued by the Police Inspector, AntiCorruption Bureau, Nagpur, calling upon the appellant to personally remain present before the investigating officer of the Anti-corruption Bureau, Nagpur to give his statement in an 'open enquiry' in respect of the property owned by him along with the information on the points stated in the said notice, the appellant has preferred the present appeal.
(2.) That a complaint was received against the appellant in the office of the Director General, Anti-corruption Bureau, Maharashtra State, Mumbai on 7.2.2018, wherein various allegations have been made against the appellant and his brothers with regard to accumulating the assets disproportionate to his known sources of income. It appears that at that time the appellant was a Member and President of Municipal Council, Katol, District Nagpur. That in connection with the said complaint, Police Inspector, Anti-corruption Bureau, Nagpur had issued a notice to the appellant asking him to provide documents relating to his property, assets, bank statements, income tax returns and asking the appellant to give statement to the police.
(3.) Feeling aggrieved and dissatisfied with the said notice dated 04.03.2020 issued by the Police Inspector, Anti-Corruption Bureau, Nagpur calling upon the appellant to personally remain present before the investigating officer of the Anti-corruption Bureau, Nagpur to give his statement in an 'open enquiry' in respect of the property owned by him along with the information on the points stated in the said notice, the appellant herein preferred Criminal Writ Petition No. 226 of 2020 before the High Court. 3.1 It was submitted on behalf of the appellant that the Police Inspector, Anti-Corruption Bureau, Nagpur has no power to issue the said notice. It was also submitted that the said notice was issued in a purported exercise of power under Section 160 Cr.P.C., however, Section 160 Cr.P.C. shall not be applicable at all as the appellant is not a witness in the case. It was also the case on behalf of the appellant that there is no statutory provision which would compel any body to give statement to the police. It was also submitted that there is no FIR against the appellant. 3.2 On the other hand, it was the case on behalf of the State that the appellant has been called upon to give his statement in an 'open enquiry' which is in the nature of preliminary enquiry. It was the complaint received by the Anti-Corruption Bureau, Nagpur regarding amassing of huge properties by the appellant. It was submitted that such a preliminary enquiry is permissible, as held by this Court in the case of Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1. Heavy reliance was placed upon paragraphs 89, and 120 of the said decision. After following the decision of this Court in the case of Lalita Kumari (supra), the High Court has observed that a preliminary enquiry in order to verify the correctness of the allegations and also to elicit some information/material which may be relevant for deciding the question regarding commission or non-commission of cognizable offence would be permissible. Thereafter, the High Court has further observed that as the notice has been issued only for facilitating the purpose of preliminary enquiry, it cannot be said to be bad in law. The High Court has further observed that it is true that by such notice a person like the appellant cannot be compelled to make his personal appearance before the officer of the Anti-Corruption Bureau. However, the High Court has further observed that not responding to such a notice, may be at the peril of the noticee himself for the reason that the officer of the Anti-Corruption Bureau may draw some adverse inference against the person not cooperating with the preliminary enquiry. For the aforesaid, the High Court took into consideration Condition No. 16 of the State Anti-Corruption Bureau Manual. By observing the above, the High Court, by the impugned judgment and order has dismissed the said writ petition, which has given rise to the present appeal.;