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Bombay High Court

GURJEETPAL SINGH IQBAL SINGH BHATIAversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed and the petitioner is directed to approach the Chief Judicial Magistrate for alteration of the charge.

Summary

The petitioner filed a criminal writ petition seeking reinvestigation of Crime No. 378 of 2017, alleging that the investigating officer failed to invoke Section 307 of the Indian Penal Code despite a serious injury caused by a dangerous weapon. The case is already pending as R.C.C. No. 901/2017 before the Chief Judicial Magistrate, Nanded, and is scheduled for evidence. The court observed that the appropriate remedy is not reinvestigation but an application to the magistrate for alteration of the charge to include Section 307. It directed the petitioner to approach the concerned Chief Judicial Magistrate, who may consider the application on its merits based on the charge‑sheet. Consequently, the writ petition was disposed of without ordering any further investigation.

Issues considered

  • Whether a criminal writ petition is the proper forum for seeking reinvestigation of an offence when the charge-sheet omits a potentially applicable section.
  • Whether the petitioner can seek alteration of the charge to include Section 307 of the IPC before the magistrate.

Legislation cited

Subjects

  • criminal procedure
  • charge alteration
  • writ petition
  • investigation
  • IPC
  • magistrate

Judgment

2026:BHC-AUG:43525-DB

                                                       914 CRIMINAL WRIT PETITION NO. 1050 OF 2022




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                        914 CRIMINAL WRIT PETITION NO. 1050 OF 2022

                              Gurjeetpal Singh Iqbal Singh Bhatia
                                              Versus
                             The State Of Maharashtra And Others
                   __________________________________________________________
                     • Adv. Nikhil M. Choudhari h/f. Adv. Dhananjay M.
                        Shinde for the Petitioner
                     • Mr. G. A. Kulkarni, A.P.P. for State
                   __________________________________________________________

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

                                     DATE       : SEPTEMBER 23, 2026

                   PER COURT :

                   1)             Heard.

                   2)             Though the learned advocate Mr. Choudhary,

                   holding for Mr. Shinde, learned counsel for the petitioner,

                   seeks time to take instructions, but the petition appears to

                   be filed for reinvestigation of Crime No. 378 of 2017

                   registered      with    Vazirabad    Police       Station,        Nanded.

                   Admittedly, R.C.C. No. 901/2017 regarding the aforesaid

                   crime is pending before the concerned Court at Nanded, i.e.

                   Chief Judicial Magistrate, Nanded, and it is fixed for

                   evidence.

                   3)             The main grievance of the petitioner appears to

                   be that the investigating officer, despite injury inflicted by a
                   Komal Kamble                                                     Page| 1 of 2
                                       914 CRIMINAL WRIT PETITION NO. 1050 OF 2022




dangerous weapon on the vital part of the body, did not

apply Section 307 of the Indian Penal Code and submitted

the charge-sheet for the offences under Sections 324, 323,

504 and 506 only. However, if the concerned Court is of the

opinion that the offence under Section 307 of the I.P.C. is

attracted in this matter, then the charge can be altered

accordingly.        The     petitioner,       instead         of      seeking

reinvestigation, still can approach the concerned Magistrate

for such alteration of charge.

4)             Under      such   circumstances,             we      deem        it

appropriate to dispose of this petition with direction to the

petitioner     to   approach     the    concerned          Chief      Judicial

Magistrate for alteration of the charge. We make it clear

that if such application is filed by the petitioner for the said

purpose, then the concerned Chief Judicial Magistrate shall

consider it on its own merits and in the light of the material

placed on record by way of the charge-sheet. The criminal

writ petition stands disposed of accordingly.



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




Komal Kamble                                                        Page| 2 of 2


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