Bombay High Court

NEEDA W/O REHAN KHANversusTHE STATE OF MAHARASHTRA

Decided: 9 September 2026
Disposal: Allowed To be withdrawn

Holding

The petition is dismissed as belated; the trial will proceed on its merits.

Summary

The petitioner, Needa, filed a criminal writ petition seeking transfer of investigation in Crime No. 1377 of 2024, alleging that the police failed to record her statement, which she claims constitutes the FIR. The petition was filed after the charge-sheet had already been filed on 27 May 2025, and no earlier grievance was raised. The Respondent State argued that the investigation and charge-sheet were already completed and that the petitioner had not raised any objection earlier. The Court held that the petition was belated and could not be entertained, directing the petitioner to present her version before the trial court. Consequently, the petition was disposed without any order for transfer of investigation.

Issues considered

Whether a petition for transfer of investigation can be entertained after the charge-sheet has been filed.
Whether the alleged failure to record a statement justifies transfer of investigation at this stage.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 316(2), 3(5), 352, 74, 85

Subjects

criminal procedure
transfer of investigation
FIR
charge-sheet
belated petition
petition dismissed

Judgment

                                                                                   3-WP-3756-2025.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL WRIT PETITION NO.3756 OF 2025

                      Needa W/O Rehan Khan                                       ... Petitioner
                            Vs.
                      The State of Maharashtra                                   ... Respondent

                                                     ****
SHARADA
                      Mr. Anand Mishra a/w Aahana Shrivastava i/b Mr. A. M. Saraogi,
RANGNATH
WAHULE                Advocate for the Petitioner.
Digitally signed by
SHARADA RANGNATH
WAHULE
Date: 2026.09.10
                      Ms. Gauri Rao, APP for Respondent-State.
18:11:54 +0530


                                                     ****

                                            CORAM :      SARANG V. KOTWAL AND
                                                         RANJITSINHA RAJA BHONSALE, JJ.
                                            DATE     :   9th SEPTEMBER 2026
                      P.C.:

                      1.        This is a Petition for transfer of investigation of Crime No. 1377

                      of 2024 registered at Ghatkopar Police Station on 19th December 2024

                      under Sections 85, 316(2), 74, 352, 115(2), 3(5) of the Bharatiya

                      Nyaya Sanhita, 2023.


                      2.        Learned counsel for the Petitioner submitted that the police have

                      not recorded her statement, which is treated as the FIR as per her

                      version. He referred to a written complaint submitted to the police on

                      9th December 2024.


                      3.        Learned APP pointed out that the charge-sheet is already filed in

                      this case on 27th May 2025. The FIR was registered on 19 th December

                      2024. From that point onwards till the filing of this Petition, no


                                                             1
                      Sharada
                                                            3-WP-3756-2025.doc


grievance was made by the Petitioner that important facts were not

recorded.


4.        At this belated stage, we are not inclined to entertain this

Petition. The Petitioner can depose before the Trial Court as per her own

version. The trial shall be decided on its own merits, in accordance with

law. With this observation, this Petition is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)                  (SARANG V. KOTWAL, J.)




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Sharada

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