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
- Indian Penal Code, 1860 — s. 307, 323, 324, 504, 506
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
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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
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