In the aforesaid backdrop, we are of the opinion that a practice of issuing notices to the individuals/noticees, asking them to attend the inquiry without furnishing the details of the complaint and/or copy of the complaint, violates the mandate of Article 20 Sub Clause 3 of the Constitution of India and is also contrary to the principles of natural justice. {Para 10}
11. Therefore, in our Writ jurisdiction under Article 226 of
the Constitution of India, we are constrained to issue the following
directions to be complied with by all the police authorities within the
State of Maharashtra :
(i) Whenever any person is so summoned with a direction to
participate in the inquiry, whether prior to registration of FIR or
otherwise, the concerned officer shall, as a general rule, shall furnish
a copy of complaint received by the police, along with said notice.
(ii) In cases where it is not feasible to furnish a copy of the
complaint, the notice shall mandatorily contain or annex a separate
sheet mentioning clear and sufficient gist of the allegations levelled
against the individual so summoned, so as to enable the person to
understand the nature of the inquiry that is being held against him.
(iii) Any deviation from the requirement of furnishing complaint
or its narration in a gist, shall be only in rare and peculiar
circumstances where disclosure would seriously prejudice the ongoing investigation or endanger the safety of the complainant or
witnesses. In such cases, if the police officer is of the said opinion,
the reasons for not disclosing the details of the complaint, shall be
recorded in writing by the officer concerned.
12. We, therefore, direct that the Director General of Police,
State of Maharashtra, to circulate this order to all the Commissioners
of Police and Superintendents of Police, forthwith and to ensure its
due implementation in letters and spirit, so as to protect the
constitutional guarantee to every citizen even though he is accused of
committing an offence.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1703 OF 2026
Ajay Prakashchand Agarwal Vs State of Maharashtra and Ors.
CORAM : RAVINDRA V. GHUGE &
HITEN S. VENEGAVKAR JJ.
DATE : 15th APRIL, 2026.
Citation: 2026:BHC-AS:18137-DB
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