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2019 (10) TMI 1276

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..... en they function in accordance with the procedure prescribed by law. It has been held that it is not the function of the Court to monitor investigation processes so long as such investigation does not transgress any provision of law, and that it must be left to the investigating agency to decide the venue, the timings and the questions and the manner of putting such questions to persons involved in such offences. A blanket order insulating a person from arrest would made his interrogation a mere ritual. The writ petitions is disposed off directing the petitioners therein to appear before the authorities in Jamnagar for recording of sworn statements on a date mutually convenient to the petitioners as well as the officials to be fixed by .....

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..... tions, the petitioners impugn the notices and summons issued to them by the 2nd respondent in W.P.(C).No.23453/2019 inter alia on the contention that since the DRI has Regional Offices even in Cochin, Calicut and Thiruvananthapuram within the State of Kerala, there was no necessity for insisting on an appearance of the petitioners before the Regional Director in Jamnagar, as the evidence required to be taken from the petitioners can be taken through the authorised Officers in the Regional Units in Kerala. The petitioners have also produced medical certificates to suggest that they are not in a position to undertake the journey to Jamnagar, for the purposes of investigation. 3. Through a counter affidavit filed on behalf of the respondent .....

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..... the Supreme Court in Dukhishyam Benupani's case [supra], that there is a mandate by the Supreme Court against interfering with the functions of the statutory authorities when they function in accordance with the procedure prescribed by law. It has been held that it is not the function of the Court to monitor investigation processes so long as such investigation does not transgress any provision of law, and that it must be left to the investigating agency to decide the venue, the timings and the questions and the manner of putting such questions to persons involved in such offences. A blanket order insulating a person from arrest would made his interrogation a mere ritual. The said view of the Supreme Court has been endorsed in subseque .....

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