Case Note & Summary
The petitioner, Manoj Himatlal Mehta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a notice issued by the police under Section 149 of the Code of Criminal Procedure, 1973. The background of the dispute involves a testamentary suit pending on the original side of the High Court concerning the Will of one Hansaben Manubhai Mehta, who died on 27 April 2020. The petitioner claims to be a beneficiary under the Will and also claims ownership of a 50% share in the property by purchase from another person. Respondent No. 5 disputes the Will. The police notice under Section 149 CrPC was issued in connection with this civil dispute. The petitioner sought quashing of the notice, alleging that it was coercive and interfered with his civil rights. The court, after hearing the parties, observed that the notice under Section 149 CrPC is merely informatory in nature and does not direct any police action or threaten the petitioner. The court held that such a notice cannot be challenged by way of a writ petition under Article 226, as there is no coercive element. The petition was dismissed as not maintainable, with liberty to the petitioner to pursue remedies before the civil court in the pending testamentary suit. The court did not express any opinion on the merits of the civil dispute.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Maintainability - Police notice under Section 149 CrPC is merely informatory and not coercive - Held that no writ lies against a notice that does not direct any action or threaten the petitioner's rights - Petition dismissed as not maintainable (Paras 1-4). B) Criminal Procedure Code - Section 149 CrPC - Nature of Notice - Informatory - The notice under Section 149 CrPC only informs the parties about a dispute and does not authorize any police action - Held that such a notice cannot be challenged by way of a writ petition (Paras 3-4).
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable against a police notice issued under Section 149 of the Code of Criminal Procedure, 1973, which is merely informatory and does not direct any coercive action.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner is at liberty to pursue his remedies before the civil court in the pending testamentary suit. No order as to costs.
Law Points
- Police notice under Section 149 CrPC is only informatory and not coercive
- Writ jurisdiction under Article 226 not attracted for mere information
- Testamentary suit pending on original side
- No direction to police to take action
- No interference with civil dispute
