Bombay High Court
SUBHASH AHSOK KOLIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition to transfer the investigation was dismissed as infructuous, and the petitioner was directed to approach the Police Complaints Authority for redress against the Investigating Officer.
Summary
Petitioner Subhash Ahsok Koli filed a criminal writ petition seeking the transfer of the investigation of Crime No. 127 of 2023, registered at Erandol Police Station, to the CBI or CID. The Court observed that a Sessions case (No. 184 of 2023) was already pending before the Sessions Judge, rendering the transfer request moot. The petitioner’s second prayer sought action against the Investigating Officer for alleged deliberate failure to conduct a proper investigation. The Court held that under the Maharashtra Police Act, the appropriate remedy is to approach the Police Complaints Authority. Consequently, the petition was disposed, with liberty granted to the petitioner to pursue the grievance before the Police Complaints Authority.
Issues considered
- Whether the investigation of Crime No. 127 of 2023 can be transferred to the CBI or CID when a Sessions case is already pending.
- Whether the petitioner can obtain a court direction against the Investigating Officer for alleged investigative misconduct, and what remedy is available.
Legislation cited
Subjects
- transfer of investigation
- CBI
- CID
- Police Complaints Authority
- Maharashtra Police Act
- investigative misconduct
- criminal writ petition
Judgment
2026:BHC-AUG:44080-DB
920 wp 1424-23 .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CRIMINAL WRIT PETITION NO. 1424 OF 2023
SUBHASH AHSOK KOLI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dixit Sushant V., Advocate for the Petitioner
Mr. A. S. Shinde, APP for Respondent-State
….
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV, JJ.
Date : 24/09/2026
PER COURT :
1. Heard.
2. Though the petitioner has sought a direction for transfer of the
investigation of Crime No. 127 of 2023 registered at Erandol Police
Station, District : Jalgaon to the CBI or CID, but the report of the
Resource Personnel of this Court clearly indicates that in respect of
the said crime, Sessions Case No. 184 of 2023 is already pending
before the concerned Sessions Judge. As such, the prayer seeking
transfer of the investigation has become infructuous at this stage.
3. So far as the next prayer of the petitioner is concerned, the
same relates to taking action against the Investigating Officer in
respect of the aforesaid crime on the allegation that the Investigating
Officer has intentionally failed to take proper cognizance and
conduct the investigation appropriately. However, under the
provisions of the Maharashtra Police Act, the petitioner has a
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920 wp 1424-23 .
remedy of approaching the Police Complaints Authority if he has any
grievance against the Investigating Officer.
4. Learned counsel for the petitioner submits that the petitioner
would avail such remedy, if liberty to that effect is granted.
5. In view of the above, the petition stands disposed of with
liberty to the petitioner to approach the Police Complaints Authority,
in accordance with the provisions of the Maharashtra Police Act, for
redressal of his grievance against the Investigating Officer.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C. MORE]
JUDGE JUDGE
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