Bombay High Court

BHUSAWAL MUNICIPAL PENSIONERS ASSOCIATION THROUGH ITS CHAIRMAN SURESH LAXMAN PATILversusUNION OF INDIA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as there is no pending investigation to be transferred to the CBI.

Summary

The Bhusawal Municipal Pensioners Association filed a criminal writ petition seeking a direction that the investigation of nine cases be transferred to the CBI. The learned Additional Public Prosecutor informed the Court that six of the cases had already resulted in C‑summary reports and one case had a charge sheet filed. On further clarification, the remaining two cases were also found to have C‑summary reports. Since all cases had been concluded at the summary report stage, the Court held that there was nothing left to adjudicate in the petition. Consequently, the petition was disposed of without any order for CBI investigation.

Issues considered

Whether the High Court can direct the transfer of investigation to the CBI when the cases have already been concluded with C‑summary reports or charge sheets.
Whether the petition remains maintainable after the filing of summary reports and a charge sheet in the concerned cases.

Subjects

Criminal Procedure Code
CBI investigation
Writ petition
Summary report
Petition disposal

Judgment

                                  (1)
                                              924- Cri. W. P. 259-2019.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

             CRIMINAL WRIT PETITION NO. 259 OF 2019

BHUSAWAL MUNICIPAL PENSIONERS ASSOCIATION THROUGH ITS
                 CHAIRMAN SURESH LAXMAN PATIL
                                VERSUS
                   UNION OF INDIA AND OTHERS
                                   …..
Advocate for the Petitioner : Adv. Devika Patil h/f Mr. Y.M. Patil
APP for Respondents: Mr. R. D. Raut
Advocate for Respondent No.2 Spl. Public Prosecutor : Mr. S. S. Panale
                                  ….

                   CORAM :      SANDIPKUMAR C. MORE, &
                                VAISHALI PATIL-JADHAV, J.J.

                   DATED :      August 21, 2026

ORDER:-

1.     Though the direction is sought in this petition for handing over

the investigation to respondent No.2-CBI, but in the order dated 7 th

August 2026, the learned APP had already pointed out that out of nine

cases, in six cases ‘C’ Summary reports were filed and in one case the

charge sheet was filed.

2.     Today, the learned A.P.P., on instructions, submits that, in the

remaining two cases also ‘C’ Summary reports are filed.

3.     In view of the same, nothing survives in this petition and it

stands disposed of.



(VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
      JUDGE                                 JUDGE

YSK/

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