Bombay High Court

POONAM RAHUL JAISWAL AND ANOTHERversusPOOJA GAURAV JAISWAL AND OTHERS

Disposal: DISPOSED OFF

Holding

The court declined to order a transfer of investigation, disposed the writ petition, and left the disciplinary enquiry direction pending.

Summary

Petitioner Pooja Gaurav Jaiswal filed a criminal writ petition seeking transfer of the investigation of Crime No.251/2026 after a ‘B’ summary was filed by the Sadar Bazar Police Station, Jalna. The court noted that the filing of the ‘B’ summary rendered the request for transfer moot, but granted the petitioner liberty to challenge the summary before the concerned magistrate. The second prayer, seeking a disciplinary enquiry against respondent No.4, was left open for further consideration. Consequently, the writ petition was disposed, and the pending criminal application was also dismissed. No substantive orders were made regarding the disciplinary enquiry at this stage.

Issues considered

Whether the petition for transfer of investigation is maintainable after a ‘B’ summary has been filed
Whether a disciplinary enquiry should be ordered against respondent No.4

Subjects

criminal procedure
transfer of investigation
B summary
disciplinary enquiry
writ petition

Judgment

2026:BHC-AUG:42245-DB

                                                                          850.26WP

                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        929 CRIMINAL WRIT PETITION NO. 850 OF 2026

                                    POOJA GAURAV JAISWAL
                                             VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                  ...
                          Advocate for the Petitioner : Mr.C.V.Dharurkar
                             APP for Respondent-State : Mr.N.B.Patil
                                                  ...
                                               WITH
                          CRIMINAL APPLICATION NO. 3029 OF 2026
                                         IN WP/850/2026
                                                  ...
                                       CORAM : SANDIPKUMAR C. MORE &
                                                      VAISHALI PATIL-JADHAV,JJ.

                                      DATE      :   10.09.2026


                 P.C. :


                 1]          The learned APP placed on record communication

                 dated 10.09.2026 mentioning that in respect of Crime

                 No.251/2026 dated 03.04.2026 of Sadar Bazar Police

                 Station, Jalna, District Jalna, ‘B’ summary has been filed on

                 08.08.2026.

                 2]          Thus, first prayer for transfer of investigation now

                 has become infructuous subject to granting liberty to the

                 petitioner to challenge said ‘B’ summary report in the court

                 of concerned Magistrate.
                                                      850.26WP

                              2

3]         So far as second prayer in respect of direction to

initiate disciplinary enquiry against respondent no. 4 is

concerned, the same is kept open while disposing of this

petition, with liberty to the petitioner for challenging the

aforesaid ‘B’ summary. As such, the Writ Petition is

disposed of.



4]         In view of disposal of Writ Petition, pending

Criminal Application also stands disposed of.




[VAISHALI PATIL-JADHAV]           [SANDIPKUMAR C.MORE]
        JUDGE                          JUDGE


DDC

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