KBP 1 cr.wp.2157-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2157 OF 2011 Smt.Rheema Hasan Ali Khan ..Petitioner Vs Union of India ..Respondent -- Mr.I.A.Bagaria, for petitioner. Mr.D.J.Khambatta, Addl. Solicitor General with Ms.Revati Mohite- Dere, for respondent no.1. Mr.V.B.Konde-Deshmukh, APP for respondent no.2. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 30 th NOVEMBER, 2011 P.C.: In the context of the relief claimed by the petitioner in this petition filed under Article 226 of the Constitution of India, the learned Addl. Solicitor General appearing for respondent no.1, on instructions, states that, as of today, no complaint under Section 44 of the Money Laundering Act has been filed against the petitioner KBP 2 cr.wp.2157-11.odt herein. For that reason, the relief claimed in this petition is premature. 2] Learned counsel for the petitioner, however, tried to persuade us to extract the commitment from the Investigating Agency and file affidavit in this Court taking clear position that if, prima facie case is made out against the petitioner, they will give prior intimation to the petitioner before registering any complaint against her. 3] It is not possible to countenance such submission. No provision of law has been brought to our notice which obligates the investigating agency to give prior notice to the accused before filing complaint under Section 44 of the Act. 4] In the circumstances, we dispose of this Writ Petition with observation that the reliefs claimed by the petitioner are premature. Needless to observe that we have not examined any issue on merits with regard to the involvement of the petitioner in the commission of any crime. Same are left open to be decided in appropriate proceedings in accordance with law. KBP 3 cr.wp.2157-11.odt 5] Learned counsel for the petitioner submits that it may be clarified that the observations made in this order or the facts noted in the reply affidavit filed by the respondents for opposing this petition should come in the way of the petitioner in any proceedings. We are not expressing any opinion in respect of that contention. It will be open to the petitioner to persuade the appropriate forum about the efficacy of the stand taken by the respondents on affidavit before this Court. 5] Petition disposed of accordingly. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]