Bombay High Court

SHIVARAM S/O. ANNA VAIDYA AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the petitioners failed to demonstrate diligence in prosecuting the matter.

Summary

The petitioners, Shivaram and another, filed a criminal writ petition seeking transfer of investigation of Crime No. I-327/2019 from Badnapur Police Station. The court examined the Resource Personnel report, which showed that Badnapur Police Station had submitted a ‘B’ summary report but no further action had been taken since 2021. The judges noted the absence of any effort by the petitioners to advance the prosecution. Because the petitioners were not diligent in pursuing the matter, the court found no basis to order a transfer. Consequently, the petition was disposed of without granting the relief sought.

Issues considered

Whether the investigation in Crime No. I-327/2019 should be transferred to another agency
Whether the petitioners have shown sufficient diligence to warrant such a transfer

Subjects

transfer of investigation
criminal procedure
petition dismissed
diligence
resource personnel report

Judgment

                                   (1)
                                                915- Cri. W. P. 118-2020.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

           915 CRIMINAL WRIT PETITION NO. 118 OF 2020

              SHIVARAM S/O. ANNA VAIDYA AND ANR
                                VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                  …..
Advocate for the Petitioners : Mr. M. K. Tungar h/f
                              Mr. V. V. Jahagirdar
APP for Respondents: Mr. R. D. Raut
                                  ….

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

                    DATED :      SEPTEMBER 03, 2026

ORDER:-

1.     Though the petition is filed for transfer of investigation in

respect of Crime No. I-327/2019 Of Badnapur Police Station, but the

report of Resource Personnel indicates that Badnapur Police Station

has submitted ‘B’ summary report. Further, it also indicates that no

efforts are made by the parties to proceed with the matter, since the

year 2021. At this juncture, we do not know what happened to the ‘B’

summary.

2.     Since the petitioner is not diligent in prosecuting the matter, we

dispose of this petition.



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

YSK/

Continue reading with your account

Checking your session…