Bombay High Court

SAMEER KHAN MATEEN KHAN PATHAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition was dismissed as there is a pending criminal proceeding on the same FIR, rendering the petition untenable.

Summary

The petitioners filed a criminal writ petition seeking the replacement of the investigating officer in FIR No. 217 of 2020 registered at Paranda Police Station. The Court noted that a regular criminal case (R.C.C. No. 64 of 2022) had already been instituted based on the same FIR and was pending before the Judicial Magistrate First Class, Paranda. Since the matter was already before a competent court, the petition for changing the investigating officer could not be entertained. Consequently, the writ petition was declared disposed. In addition, the pending criminal application (No. 207 of 2021) was removed from the board as a result of the disposal.

Issues considered

What is the appropriate remedy when a petition seeks to change the investigating officer after a criminal case has already been instituted on the same FIR?

Subjects

change of investigating officer
criminal writ petition
pending criminal case
disposal
jurisdiction

Judgment

2026:BHC-AUG:41729-DB

919 CRIMINAL WRIT PETITION NO. 1378 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

919 CRIMINAL WRIT PETITION NO. 1378 OF 2021

Sameer Khan Mateen Khan Pathan And Others
Versus
The State Of Maharashtra And Others

WITH
CRIMINAL APPLICATION NO. 207 OF 2021

__________________________________________________________
• Adv. N. A. Kazi h/f. Adv. S. S. Kazi for the Petitioners
• Mr. N. B. Patil, A.P.P. for State
• Adv. A. S. More for Respondent No. 4 in Petition and
for Respondent No. 2 in Application (Through V.C.)
• Adv. Hamzakhan I. Pathan for the Applicant in
Application
__________________________________________________________

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

DATE : SEPTEMBER 08, 2026
PER COURT :

1) Learned advocate Mr. N. A. Kazi, holding for Mr.

S. S. Kazi, learned counsel for the petitioners, submits that

Mr. S. S. Kazi is not available today.

2) However, on going through the record, it

appears that the present petition is filed seeking change of

the Investigating Officer in respect of the F.I.R. bearing

Crime No. 217 of 2020 registered with Police Station,

Paranda.
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919 CRIMINAL WRIT PETITION NO. 1378 OF 2021

3) However, the report of the Resource Personnel of

this Court dated 07.09.2026 clearly indicates that

R.C.C. No. 64 of 2022 has already been registered pursuant

to the aforesaid F.I.R. and is pending before the concerned

Judicial Magistrate First Class, Paranda. The status report

is also annexed with the said report, indicating the

pendency of R.C.C. No. 64 of 2022.

4) In view of the same, nothing survives in the

Criminal Writ Petition No. 1378 of 2021 and the same

stands disposed of.

5) In view of the disposal of the Writ Petition, the

pending Criminal Application No. 207 of 2021 is removed

from the board.

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

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