Bombay High Court
IMRAN KHAN MUSTAK KHANversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition for transfer of investigation was dismissed as the matter was already pending before the Sessions Court.
Summary
The petitioners filed a criminal writ petition seeking transfer of the investigation of Crime No. 213 of 2022, originally registered with the City Police Station, Jalgaon. The Court examined the Resource Personnel report and found that a Sessions case (No. 104 of 2024) concerning the same offence was already pending before the appropriate Sessions Judge. Since the matter was already before a competent court, the petition for transfer was deemed unnecessary. The judges held that there was no ground for further relief and ordered the petition to be disposed of. Consequently, the pending application related to the same issue was also dismissed.
Issues considered
- Whether the investigation in Crime No. 213 of 2022 should be transferred to another agency when a Sessions case is already pending.
Subjects
- transfer of investigation
- criminal writ petition
- pending Sessions case
- jurisdiction
- disposal of petition
Judgment
2026:BHC-AUG:43484-DB
1 918 CRIMINAL WRIT PETITION NO. 1476 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 CRIMINAL WRIT PETITION NO. 1476 OF 2022
SUMIT SANJAY POL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. C. V. Borse h/f Adv. V. B. Patil, Advocate for the Petitioner
Adv. U. S. Bhosale, APP for Respondents-State
...
WITH
CRIMINAL APPLICATION NO. 3943 OF 2022
IN WP/1476/2022
IMRAN KHAN MUSTAK KHAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Adv. C. P. Raktate h/f Adv. B. S. Deshmukh, Advocate for Applicant
Adv. U. S. Bhosale, APP for Respondents-State
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 22/09/2026
Per Court:
. Heard.
2. Though the learned counsel holding for Mr. Patil seeks an
adjournment, but the present petition appears to be filed for
transfer of investigation in Crime No. 213 of 2022 of City Police
Station, Jalgaon. However, the report of the Resource Personnel of
this Court clearly indicates that in respect of the aforesaid crime,
2 918 CRIMINAL WRIT PETITION NO. 1476 OF 2022
Sessions Case No. 104 of 2024 is already registered and is pending
before the concerned Sessions Judge.
3. As such, nothing survives in this petition and the same
stands disposed of along with the pending application.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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