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2014 (1) TMI 224 - BOMBAY HIGH COURTValidity of summons issued - Power to investigate - Held that:- as per the settled legal position in exercise of the writ jurisdiction under Article 226 of the Constitution this Court is not inclined to interfere with the investigation. It is for the Investigating Officer to decide who should be called for investigation - Mr. Nansi has already shown to have produced voluminous record before the Deputy Director on 20 November 2013 i. e. after the letter dated 18 November 2013 of the Deputy Director that the petitioner has been summoned to appear because Mr. Nansi was not cooperating in investigation, the Deputy Director would certainly consider the said record and thereafter decide whether presence of the petitioner is still necessary. However, in case the Deputy Director is of the view that the petitioner's presence is necessary for making enquiries then it is open to the Deputy Director to summon the petitioner. However, having regard to the petitioner's health, it is hoped that the petitioner would not be made to unduly wait after he makes himself available for investigation by the Deputy Director. However, the duration of wait would depend upon the facts and circumstances as they emerge during investigation but we trust that Deputy Director would not make the petitioner wait unduly in view of his health condition - Decided against assessee.
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