Bombay High Court

SHIVNATH SHRIRAM LINGSE AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court dismissed the petition as the investigation was already completed and the matter committed to the Sessions Court.

Summary

The petitioners, Shivnath Shriram Lingse and another, filed a criminal writ petition seeking the transfer of the investigation of the case to the Deputy Superintendent of Police and a fresh investigation. They argued that the existing investigation was inadequate. The Court examined the Resource Person report, which indicated that a thorough investigation had already been conducted, a charge sheet was filed, and the matter was committed to the Sessions Court for trial. On this basis, the Court found no merit in the petitioner's request for transfer. Consequently, the Court held that the petition was no longer maintainable. The writ petition was therefore disposed of.

Issues considered

Whether the investigation in the present case should be transferred to the Deputy Superintendent of Police and a fresh investigation ordered

Subjects

criminal procedure
transfer of investigation
writ petition
charge sheet
disposal

Judgment

2026:BHC-AUG:39838-DB

                                                                          01.20WP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          18 CRIMINAL WRIT PETITION NO.1 OF 2020

                         SHIVNATH SHRIRAM LINGSE & ANOTHER
                                            VERSUS
                         THE STATE OF MAHARASHTRA & OTHERS
                                                ...
                   Advocate for the petitioners : Adv.Shraddha Salunke-Patil
                                      h/f.Mr.S.J.Salunke
                        APP for Respondent-State : Mr.Rajdeep D.Raut
                                                ...
                                     CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                     DATE      :   31.08.2026
                 P.C. :


                             Though Advocate Shraddha Salunke-Patil holding
                 for Mr.S.J.Salunke, learned counsel for the petitioners
                 requested for time, but the direction in this petition is for
                 transfer of investigation to the Dy. Superintendent of Police
                 and to conduct proper investigation. However, the report of
                 Resource Personal of this Court clearly indicates that after
                 due investigation in this matter charge sheet was filed and
                 the said matter was committed to the concerned Sessions
                 Court for trial. Under such circumstances, nothing survives
                 in this Writ Petition and the same stands disposed of.




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

                 DDC

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