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- Allowed To be withdrawn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 The petition was thereafter disposed of as withdrawn.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3) Disposed off as withdrawn.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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