1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.: 757 OF 2011 *** Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: A.H.JOSHI & A. R. JOSHI, JJ. Anup Gopikishan Jaju and another Versus The Union of India and others *** Mr. S. C. Sarada, Advocate for the Petitioners. Mr. Alok Sharma, A.S.G. for Respondent Nos.1 to 3. Mr. V. D. Godbharle, A.P.P. for the Respondent/ State. *** 1. This petition is by two Directors of different companies. They have common grievance. They apprehend that they may be dealt with in the manner in which three other business persons were dealt with viz. arrested at Jalna, were taken to Pune and the officers of Central Excise Department insisted for keeping them in Magisterial custody. 2. It is shown that three persons named in Exhibit-A, page 14 (Shri Shailesh Badjate, Shri Sushil Badjate and Shri Subhashchandraji Balchandraji Badjate) have suffered arrest 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.: 757 OF 2011 *** Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: A.H.JOSHI & A. R. JOSHI, JJ. because of registration of offence against them under section 9A of Central Excise & Salt Act. 3. Insofar as the petitioners are concerned, they plead that they have been served with a summons calling them to give statement by arriving at Pune. 4. Petitioners apprehend that while they are called for recording of their statement at Pune they may be arrested at Pune and would be dealt with in the same manner in which the three persons referred at Annexure- A, page 14, have been dealt with. 5. Petitioners, therefore, seek a writ of mandamus against the officers of Central Excise Department to the effect that the officers should be directed to follow the law [as law laid down in Criminal Procedure Code] relating to arrest and production before the Magistrate. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.: 757 OF 2011 *** Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: A.H.JOSHI & A. R. JOSHI, JJ. 6. Further grievance of the petitioner is that all events which have led to the notices/ summons etc. are towards or due to causes emerging from Jalna, and enquiry and hearing at Pune are malafide, and unjustified. 7. After considering the learned Advocate for the petitioner, we are of the view that the petition is based on anticipation as regards course of action which authorities are likely to adopt and relief is based on those apprehensions. At present there is no material which would lead to any apprehension that the petitioners may be arrested and in the event of arrest they will not be released on bail. 9. Moreover venue of hearing cannot be a matter of jurisdiction of Court hearing criminal writ petitions. 10. Reliefs sought in this petition are 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.: 757 OF 2011 *** Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: A.H.JOSHI & A. R. JOSHI, JJ. based totally on imagination. We are not inclined to grant any indulgence. We, therefore, dismiss present petition. [A. R. JOSHI, J.] [A. H. JOSHI, J.] Dated:05/09/2011. ans/757