Bombay High Court

PANDURANG SHRIRANG GAVHANEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off
Bench: ANIL LAXMAN PANSARE RANJITSINHA RAJA BHONSALE

Holding

The petition is dismissed as the petitioner may seek relief under Section 173(8) of the CrPC before the trial court, and the writ petition is not the appropriate remedy for ordering a transfer of investigation.

Summary

The petitioner, Pandurang Shrirang Gavhane, filed a writ petition seeking a direction for the State of Maharashtra to transfer the criminal investigation to an independent agency. The respondent argued that a charge‑sheet had already been filed, and therefore the petitioner could approach the trial court under Section 173(8) of the Code of Criminal Procedure for any further relief. The High Court examined whether the writ jurisdiction was appropriate after filing of the charge‑sheet. It held that the petitioner was at liberty to seek relief under Section 173(8) before the trial court and that the writ petition was not the proper forum for ordering a transfer of investigation. Consequently, the petition was disposed of without any order for transfer. The decision underscores the limited scope of writ jurisdiction in matters where procedural remedies under the CrPC are available.

Issues considered

What relief can a petitioner obtain through a writ petition to transfer a criminal investigation after a charge‑sheet has been filed?
Whether the High Court can direct the transfer of investigation to an independent agency when the charge‑sheet is already filed.

Legislation cited

Code of Criminal Procedure — s. 173(8)

Subjects

criminal procedure
investigation transfer
writ petition
Section 173(8)
high court jurisdiction

Judgment

                                                           907-WP-163-2017.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
                   WRIT PETITION NO.163 OF 2017

Pandurang Shrirang Gavhane                     …..Petitioner
     Vs.
The State Of Maharashtra & Ors                 …..Respondents

Mr. Onkar Bajaj i/b Ms. Priyal Sarda, for the Petitioner.
Ms. S. N. Deshmukh, APP for the Respondent-State.

                          CORAM: ANIL L. PANSARE,
                                    RANJITSINHA RAJA BHONSALE, JJ.
                           DATED: 28th APRIL 2026
P.C.:-
    1. The Petitioner seeks a direction to Respondent No. 1 to transfer

         the investigation to any other independent agency.

    2. The learned APP submits that the charge-sheet has already

         been filed. That being so, the Petitioner is at liberty to

         approach the trial Court under Section 173(8) of the Code of

         Criminal Procedure, if so required.

    3. With the aforesaid liberty, the Petition is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)                     (ANIL L. PANSARE, J.)




Suresh                                                                      1/1

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