Bombay High Court

MANOHAR JAGANNATH PATILversusSTATE OF MAHARASHTRA AND ORS

Decided: 3 September 2026
Disposal: Disposed Off

Holding

A writ petition under Article 226 seeking CBI investigation is not maintainable where the Supreme Court has held otherwise, and thus must be dismissed.

Summary

The petitioner, Manohar Jagannath Patil, filed a writ petition under Article 226 of the Constitution seeking the Central Bureau of Investigation to lodge a crime and conduct a time-bound investigation into his complaints. The High Court examined the maintainability of the petition in light of a recent Supreme Court decision. The Court noted that the Supreme Court in Sujal Vishwas Attavar and Anr. v. State of Maharashtra & Ors. had set a precedent that similar petitions are not maintainable. Accordingly, the High Court held that the present petition could not be entertained. The petition was therefore disposed of without any order directing a CBI investigation.

Issues considered

What is the maintainability of a writ petition under Article 226 seeking CBI investigation in light of the Supreme Court's decision in Sujal Vishwas Attavar v. State of Maharashtra?

Subjects

Article 226
Writ Petition
Maintainability
CBI Investigation
Supreme Court Precedent

Judgment

KSG 20-WP-1906-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.1906 OF 2026

Manohar Jagannath Patil … Petitioner
V/s.
State of Maharashtra & Ors … Respondents
_______________________________________

Adv. M.S. Almelkan a/w Adv. Dastagir Basir Shaikh i/b Adv. Akshay Rane for
the Petitioner.
Adv. M.H. Mhatre, A.P.P. for Respondent No.1-State.
Adv. Satya M. Shehigav for the Respondent Nos.9 and 10.
Adv. S.A. Pakhare, P.S.I. attached to Walvi Police Station.
_______________________________________

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 3rd SEPTEMBER, 2026

P.C. :

1) Present Petition under Article 226 of the Constitution of India, is

filed for lodgment of crime by the C.B.I. and to conduct time bound
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.09.07
investigation into the complaints of the Petitioner.
16:44:13
+0530

2) In view of the decision of Hon’ble Supreme Court in the case of

Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra & Ors., reported in

2026 SCC OnLine SC 798, present Petition is not maintainable and is

accordingly disposed off.

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

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