MEHUL KUMAR JAIN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard the petitioners' counsel and learned HCGP for the respondents.

(2.) The petitioners in this petition by invoking Articles 226 and 227 of the Constitution of India read with Sec. 482 of Crimial P.C. prayed to issue an appropriate writ or order in the nature of certiorari quashing the impugned notices dated 23.01.2019 which are annexed as Annexures-H, J and K issued by the second respondent and alternatively also sought writ or direction in the nature of mandamus directing the first respondent to change the Investigating Officer in Crime No.166/2018 registered at Thoranagal police station, Sandur Taluk, Ballari District and further not to assign the investigation of the said case to respondent Nos.4 and 5.

(3.) The main contention of the petitioners is that they have questioned the validity of the notices dated 23.01.2019 issued by the second respondent under Sec. 91 of Crimial P.C. and contended that the father of the petitioner No.1 Sri.Kanthilal Jain is carrying on his jewellery business under the name and style of Prakash and Company at Flower Street, Ballari and the second petitioner is also carrying his business of jewellery under the name and style of Dinesh Jewelers at Flower Street, Ballari. The third petitioner is the younger brother of second petitioner. The petitioners and their ancestors are in the jewelers business from last four decades.