Bombay High Court
SUMIT SANJAY POL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition for transfer of investigation was dismissed as the case was already pending before the Sessions Judge.
Summary
The petitioners, Sumit Sanjay Pol and others, filed a criminal writ petition seeking transfer of the investigation of Crime No. 213 of 2022, registered at City Police Station, Jalgaon. The respondents, the State of Maharashtra, opposed the transfer and argued that the matter was already before the Sessions Court. The Court examined the report of its Resource Personnel, which confirmed that Sessions Case No. 104 of 2024 concerning the same crime was pending before the concerned Sessions Judge. Since the investigation was already under the jurisdiction of the Sessions Court, the petition for transfer could not be entertained. Consequently, the Court held that there was nothing left to consider in the writ petition and ordered its disposal along with the pending application.
Issues considered
- Whether the investigation in Crime No. 213 of 2022 can be transferred to another authority under the Criminal Procedure Code
- Whether the pending Sessions Court case precludes the filing of a writ petition for transfer of investigation
Subjects
- Criminal Procedure Code
- Transfer of Investigation
- Jurisdiction
- Writ Petition
- Sessions Court
- Disposition
Judgment
2026:BHC-AUG:43483-DB
1 918 CRIMINAL WRIT PETITION NO. 1476 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 CRIMINAL WRIT PETITION NO. 1476 OF 2022
SUMIT SANJAY POL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. C. V. Borse h/f Adv. V. B. Patil, Advocate for the Petitioner
Adv. U. S. Bhosale, APP for Respondents-State
...
WITH
CRIMINAL APPLICATION NO. 3943 OF 2022
IN WP/1476/2022
IMRAN KHAN MUSTAK KHAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Adv. C. P. Raktate h/f Adv. B. S. Deshmukh, Advocate for Applicant
Adv. U. S. Bhosale, APP for Respondents-State
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 22/09/2026
Per Court:
. Heard.
2. Though the learned counsel holding for Mr. Patil seeks an
adjournment, but the present petition appears to be filed for
transfer of investigation in Crime No. 213 of 2022 of City Police
Station, Jalgaon. However, the report of the Resource Personnel of
this Court clearly indicates that in respect of the aforesaid crime,
2 918 CRIMINAL WRIT PETITION NO. 1476 OF 2022
Sessions Case No. 104 of 2024 is already registered and is pending
before the concerned Sessions Judge.
3. As such, nothing survives in this petition and the same
stands disposed of along with the pending application.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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