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Bombay High Court

SUNITA W/O. WULFERAO SHINDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as the investigation has already been transferred to a special case, rendering the request for further transfer moot.

Summary

The petitioner, Sunita Shinde, filed a criminal writ petition seeking transfer of the investigation of FIR No. 113/2020 registered at Kurunda Police Station, Hingoli. The Court examined a report from its Resource Personnel dated 05.08.2026, which indicated that a Special Case No. 20/2021 had already been registered concerning the same FIR. Since the matter was already under a special investigation, the Court found no basis to order a transfer of investigation. Consequently, the petition was deemed moot and was disposed of. The judges, Justice Sandipkumar C. More and Justice Vaishali Patil-Jadhav, ordered the petition to stand disposed.

Issues considered

  • What is the appropriate remedy when a special case has already been registered concerning the FIR in question?
  • Whether the petitioner’s request for transfer of investigation is maintainable in view of the existing special case registration?

Subjects

  • Criminal Procedure Code
  • Transfer of Investigation
  • Special Case Registration
  • Criminal Writ Petition
  • Moot Petition

Judgment

2026:BHC-AUG:34712-DB

                                              914 CRIMINAL WRIT PETITION NO. 1017 OF 2021



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                        914 CRIMINAL WRIT PETITION NO. 1017 OF 2021

                                     Sunita W/o. Wulferao Shinde
                                                Versus
                                 The State Of Maharashtra And Others

                   __________________________________________________________
                   Adv. Nirmal Ramchandra J. for the Petitioner
                   Mr. N. B. Patil, APP for State
                   __________________________________________________________


                                      CORAM   : SANDIPKUMAR C. MORE &
                                                VAISHALI PATIL-JADHAV, JJ.

                                      DATE    : 06.08.2026

                   PER COURT :

                   .             Though the transfer of investigation was sought

                   by the petitioner but as per the report of Resource

                   Personnel of this Court dated 05.08.2026, the Special Case

                   No. 20/2021 has been already registered regarding F.I.R.

                   No. 113/2020 registered at Police Station Kurunda, Tq.

                   Vasmat, Dist. Hingoli. As such, nothing survives in the

                   present petition. Criminal Writ Petition, therefore, stands

                   disposed of.



                   (VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
                             JUDGE                            JUDGE



                       Komal Kamble                                            Page|1


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