Bombay HC Refuses to Interfere with Anti-Corruption Bureau Summons at Enquiry Stage [Read Order]

In a recent ruling, the Bombay High Court has refused to interfere with summons issued by the Anti-Corruption Bureau (ACB) to a petitioner during a pending enquiry, holding that no relief can be granted at this stage when the enquiry is still underway and has not reached any conclusion.

Nitin Mahadev Kale, the petitioner, approached the Bombay High Court by filing a writ petition challenging summons dated 16 September 2025 issued by a Police Officer of the Anti-Corruption Bureau. The summons were issued in connection with a complaint dated 22 August 2018 that had been made by the petitioner himself and was under enquiry.

The petitioner’s counsel argued that the issuance of summons by the ACB was unwarranted and sought the Court’s intervention at the enquiry stage. They also raised a separate grievance regarding a complaint made by him to the Income TaxDepartment against his own brother, claiming that no action had been taken on that representation.

The respondent’s counsel argued that the summons were issued only to facilitate an enquiry based on the petitioner’s own complaint and that the process was still ongoing. They submitted that there was no coercive action taken against the petitioner and that judicial interference at such an early stage was not justified. As regards the Income Tax complaint, it was argued that the petitioner had an independent remedy available before the tax authorities.

The Division Bench of Justice M. S. Karnik and Justice Ajit B. Kadethankar observed that since the complaint was already being enquired into by the Anti-Corruption Bureau, there was no reason for the court to intervene at this point. The Bench explained that an enquiry must be allowed to proceed to its logical conclusion without unnecessary interference from the court.

The court further observed that with respect to the grievance raised by the petitioner concerning the Income Tax Department, it was open to him to pursue his complaint or representation before the appropriate authority in accordance with law.

In view of these facts, the Bombay High Court declined to grant any relief and disposed of the writ petition, making it clear that no interference was warranted with the ACB summons issued during the pending enquiry.

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