Bombay High Court

RAFIK UMRAO SHAIKHversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that there is no basis for transferring the investigation as the deaths were accidental, and dismissed the petition.

Summary

Petitioner Rafik Umrao Shaikh filed a criminal writ petition seeking transfer of investigation in U.D.No.09/2026, alleging that Altaf Hidayat Pathan murdered his son‑in‑law and daughter. The State submitted a communication dated 27‑08‑2026 with call‑detail records indicating no foul play. The investigating officer’s inquiry concluded that the victims died by drowning after their car fell into a canal, and the complaint lodged on 04‑03‑2026 yielded no substantive evidence. The Court found no basis to grant the relief sought and directed the petitioner to file a private complaint before a Judicial Magistrate First Class if he wishes to pursue his grievance. Accordingly, the petition was disposed of without any relief.

Issues considered

Whether the petitioner is entitled to a transfer of investigation in the alleged murder case
Whether there is sufficient material to justify interference with the police investigation

Subjects

criminal writ petition
transfer of investigation
murder allegation
accidental death
private complaint
High Court

Judgment

2026:BHC-AUG:40046-DB

                                                                       1020.26WP

                                               1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        40 CRIMINAL WRIT PETITION NO. 1020 OF 2026

                                     RAFIK UMRAO SHAIKH
                                             VERSUS
                           THE STATE OF MAHARASHTRA & OTHERS
                                                  ...
                           Advocate for the Petitioner : Mr.N.N.Bhagwat
                          APP for Respondent-State : Mr.Rajdeep D. Raut
                                                  …
                                       CORAM : SANDIPKUMAR C. MORE &
                                                      VAISHALI PATIL-JADHAV,JJ.

                                      DATE     :   31.08.2026
                 P.C. :


                 1]          Heard.



                 2]          Though the petitioner is claiming for transfer of

                 investigation in respect of U.D.No.09/2026 of Paithan Police

                 Station, Dist. Chh. Sambhajinagar on the ground that one

                 Altaf Hidayat Pathan had committed murder of son-in-law

                 and daughter of the petitioner, but the learned APP placed on

                 record communication dated 27.08.2026 along with CDRs

                 mentioning that there was no foul play at the hands of Altaf

                 Hidayat Pathan in this matter. But after due investigation it

                 was found that the deceased son-in-law and daughter of the

                 petitioner had in fact died due to drowning in accident as the
                                                     1020.26WP

                                2

car in which they were present accidentally fall in canal

water. Even the complaint dated 4th March, 2026 given by the

petitioner was enquired by the concerned Investigating

Officer and no substance was found in the matter.



3]         Under such circumstances, we are not inclined to

grant any relief to the petitioner at this juncture. However,

the petitioner may take recourse of law by filing private

complaint in the Court of Judicial Magistrate First Class in

respect of his grievance.



4]         In view of the same, we dispose of this Criminal

Writ Petition with liberty as aforesaid.




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


DDC

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