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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

                VS Maind/                                               Page|1
                                                                 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




      VS Maind/                                            Page|2


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