Bombay High Court

IFTEKAR AHMED FAROOQ AHMEDversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

Petition 1424 was dismissed as the investigation was completed, and Petition 1379 was removed from the board to be heard by a Single Judge.

Summary

The petitioners filed two criminal writ petitions before the Bombay High Court, Aurangabad Bench. Petition 1424 of 2021 was filed by the original informant seeking transfer of investigation and a fresh inquiry into Crime No.250/2020, lodged on 15 July 2020. The Court noted that a Resource Personnel report in the related petition 1379 of 2021 indicated that the investigation had already been completed and a part of the trial was underway. Consequently, the Court held that there was no ground to entertain the request for transfer and disposed of petition 1424. Petition 1379 of 2021 challenged an order of a Judicial Officer; the Court directed that the matter be remitted to a Single Judge and removed it from the present board. Thus, one petition was dismissed on merits, while the other was transferred for further hearing.

Issues considered

Whether a petition seeking transfer of investigation can be entertained when the investigation is already completed and trial is in progress.
Whether a petition challenging an order of a Judicial Officer should be heard by a Single Judge of the High Court.

Subjects

transfer of investigation
disposal of petition
criminal writ petition
resource personnel report
trial pending
single judge jurisdiction

Judgment

                                                    1379.2021WP+

                               1

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

     17 CRIMINAL WRIT PETITION NO. 1379 OF 2021

            SAYYED MOIZULHAQ NADIMULHAQ
                         VERSUS
      THE STATE OF MAHARASHTRA AND ANOTHER
                            ...
Advocate for the Petitioner : Mr. Vishal A. Chavan h/f
Mr.Deshmukh D.R.
APP for Respondent/State : Mr. A.S. Shinde
                            ...
                           WITH
      CRIMINAL WRIT PETITION NO. 1424 OF 2021

            IFTEKAR AHMED FAROOQ AHMED
                         VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                            ...
APP for Respondent/State : Mr. A.S. Shinde
Advocate for Respondent no.4 : Mr. Vishal A. Chavan h/f
Mr.Deshmukh D.R.
                            ...
                   CORAM : SANDIPKUMAR C. MORE &
                                VAISHALI PATIL-JADHAV,JJ.

                    DATE      :    15.09.2026

P.C. :


Criminal Writ Petition No.1424 of 2021 :-


.          None for the petitioner.
2.         It appears that the present petition is filed by the
original informant for transfer of investigation of Crime
No.250/2020 dated 15.07.2020 lodged by Vaijapur Police
Station and to re-investigate the crime.
                                                    1379.2021WP+

                               2

2.         However, the report of Resource Personnel in
connected Criminal Writ Petition No.1379 of 2021 indicates
that the investigation in the aforesaid crime has been
completed and part of the trial is also going on.
3.         In view of the same, nothing survives in Criminal
Writ Petition No.1424/2021 and it stands disposed of.


Criminal Writ Petition No. 1379 of 2021 :-


.          This petition is filed against the order of Judicial
Officer, and therefore, it will go before the learned Single
Judge of this Court. Hence removed from board.




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

Continue reading with your account

Checking your session…