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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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