Bombay High Court

SHIVKANTA BALAJI BANDGAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed after directing the District Collector and DIG to decide the application for a Special Prosecutor within two months.

Summary

The petitioners sought transfer of the investigation to another officer and the appointment of a Special Prosecutor. During the investigation the officer was changed and a charge-sheet was filed, rendering the transfer request moot. The petitioners also applied for a Special Prosecutor, sending applications to the District Collector and the DIG of Nanded. The Respondent's counsel stated no such application was pending, but the court noted the applications existed and directed the Collector and DIG to decide them within two months as per the applicable rules. With these directions, the court found no remaining relief and disposed of the criminal writ petition.

Issues considered

Whether the investigation should be transferred to another officer
Whether a Special Prosecutor should be appointed for the trial
Whether the court can direct administrative authorities to decide the petitioners' application for a Special Prosecutor

Subjects

criminal procedure
transfer of investigation
special prosecutor
writ petition
High Court

Judgment

2026:BHC-AUG:5195-DB
                                                   1                      914 WP .doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                  914 CRIMINAL WRIT PETITION NO. 1514 OF 2025

                      SHIVKANTA BALAJI BANDGAR AND OTHERS
                                     VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                             ...

            Advocate for the Petitioner : Mr. Zakade Shrikrishna Nilkantrao
                   AGP/APP for Respondent/State : Ms. B.B. Gunjal
                                            …
                                           CORAM       :   SANDIPKUMAR C. MORE AND
                                                           ABASAHEB D. SHINDE, JJ.
                                             DATE      : 06.02.2026

             PER COURT :

             .        Though, the petition is filed for transfer of investigation to some
             other officer but during the course of investigation, the concerned
             investigation officer had been changed and now the charge-sheet is
             filed.

             2.       The petitioners have also prayed for appointment of Special
             Prosecutor to conduct the trial. For that purpose, he has already filed
             application dated 30.09.2025 to concerned police officer.


             3.       Learned APP on instructions, submits that as per her knowledge,
             no such application is pending. However, it appears that the petitioners
             have sent such application to District Collector, Nanded as well as
             Deputy Inspector General, Nanded seeking such appointment.
             Therefore, the purpose can be served by directing both of them to
             decide such application of petitioners as per Rules as expeditiously as
                                 2                       914 WP .doc



possible and preferably within two months.


4.      With these directions, now nothing survives in the petition. As
such, the Criminal Writ Petition stands disposed of.




( ABASAHEB D. SHINDE, J. )              ( SANDIPKUMAR C. MORE, J. )



vsj..

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