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Bombay High Court

AMOL PRAKASH MAVASversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court declined to order a transfer of investigation, finding the petition moot and dismissing it.

Summary

Petitioner Amol Prakash Mavas filed a criminal writ petition seeking the transfer of investigation of FIR No. 174 of 2018 to the State CID. The Court examined the status of the case and noted that a charge sheet had already been filed after due investigation and that a related Special Case No. 109 of 2022 was pending before the Additional Sessions Judge, Aurangabad. Since the investigation was complete and the matter was already before a competent court, the petitioner's request became moot. Consequently, the Court held that there was no ground to order a transfer of investigation. The petition was therefore disposed of with no further relief granted.

Issues considered

  • Whether a transfer of investigation to the State CID can be ordered when a charge sheet has already been filed and the case is pending before a Sessions Court

Subjects

  • transfer of investigation
  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • jurisdiction

Judgment

2026:BHC-AUG:42250-DB

                                                                        336.22WP

                                               1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        915 CRIMINAL WRIT PETITION NO.336 OF 2022

                                    AMOL PRAKASH MAVAS
                                             VERSUS
                          THE STATE OF MAHARASHTRA & OTHERS
                                                ...
                           Advocate for the petitioner : Mr.A.D.Soman
                           APP for Respondent-State : Mr.A.S.Shinde
                                                …

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

                                     DATE      :   10.09.2026


                 P.C. :


                 1]         Heard.



                 2]         Though the petitioner is seeking transfer of

                 investigation in FIR vide Crime No.174 of 2018 to the State

                 CID, however, the report of the Resource Personnel of this

                 Court clearly indicates that in the said FIR, the charge sheet

                 is filed after due investigation and Special Case No. 109 of

                 2022 is also pending before the concerned Court of

                 Additional Sessions Judge, Aurangabad. As such, when the

                 said case is pending, the prayer sought by the petitioner had

                 become infructuous.
                                                         336.22WP

                             2



3]         In view of the same, nothing survives in the

present Writ Petition and the same stands disposed of.




[VAISHALI PATIL-JADHAV]          [SANDIPKUMAR C.MORE]
        JUDGE                         JUDGE

DDC


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