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Bombay High Court

MANJIRI KAUSTUBH MARATHEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed To be withdrawn

Holding

A writ petition for transfer of investigation is not maintainable in law.

Summary

Manjiri Kaustubh Marathe filed a writ petition seeking transfer of the investigation in a criminal case, alleging bias in the investigating agency. The petition was presented before the High Court of Bombay. The Court examined the legal question of whether a writ petition for transfer of investigation is maintainable under existing law. It held that such a petition is not maintainable. Consequently, the petitioner's counsel sought unconditional withdrawal, which the Court granted. The petition was thereafter disposed of as withdrawn.

Issues considered

  • Whether a writ petition seeking transfer of investigation is maintainable under law?

Subjects

  • transfer of investigation
  • writ petition
  • maintainability
  • criminal procedure
  • High Court of Bombay

Judgment

               ssm                                                         6-wp161.2023.doc

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CRIMINAL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 161 OF 2023

        Manjiri Kaustubh Marathe                                          …..Petitioner

                  Vs.

        The State Of Maharashtra & Ors.                                   …..Respondents

                                    ____________________________________

        Mr. Amit Ghag a/w Adv. Chinmay Inamdar i/by Adv. Viral Babar
        for the Petitioner.
        Smt. Ranjana D. Humane APP, for the Respondent-State.
                            ____________________________________

                                                CORAM :     A. S. GADKARI AND
                                                            KAMAL KHATA, JJ.
                                                  DATE :    4th MARCH, 2026.

        P.C.:-

        1)                  Present Petition for transfer of investigation at the behest of the

        accused, is not maintainable in law.

        2)                  Learned Advocate for the Petitioner therefore on instructions

        seeks leave to withdraw Petition unconditionally.

        2.1)                Leave granted.

        3)                  Disposed off as withdrawn.




                    (KAMAL KHATA, J.)                             (A.S. GADKARI, J.)

                 Digitally signed
SANJIV    by SANJIV
          SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.06
                 19:19:09 +0530                                                               1/1


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