Bombay High Court
MUKUND RAJARAM CHAVAN AND ORSversusSTATE OF MAHARASHTRA AND ORS
- Disposal
- Disposed Off
Holding
The petition was dismissed as withdrawn, and no order for a Special Investigation Team or transfer to the State CID was made.
Summary
The petitioners, alleging victimhood in a case involving offences under Sections 406, 409, 420 and 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, sought a court order for the constitution of a Special Investigation Team (SIT) or transfer of the investigation to the State CID. The respondents informed the court that the charge sheet had been framed, four of six accused were in custody while two were absconding, and that attachment of properties and freezing of bank accounts were underway. The court examined the status of the investigation and found it to have been conducted properly by the investigating officer. The respondent’s counsel indicated that further investigation would continue and efforts to arrest the absconding accused would be pursued. Consequently, the petitioners, on their counsel’s advice, withdrew the petition. The court accepted the withdrawal and disposed of the petition.
Issues considered
- Whether the court should direct the constitution of a Special Investigation Team (SIT) to investigate the offences.
- Whether the investigation should be transferred to the State CID.
- Whether the existing investigation by the investigating officer is adequate and lawful.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 406, 409, 420
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3
Subjects
- Special Investigation Team
- Transfer of investigation
- Criminal procedure
- Attachment of property
- Absconding accused
- Withdrawal of petition
Judgment
13-WP-4121-2025 (CR).doc
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4121 OF 2025
Mukund Rajaram Chavan & Ors ..… Petitioners
VERSUS
State of Maharashtra & Ors ..… Respondents
...
Mr. D. V. Sutar a/w Adv. Reshma J. Adnaik, Advocates for Petitioners.
Mrs. Mahalakshmi Ganapathy, (Through VC) Additional PP a/w Mrs.
Priyanka S. Rane, APP for Respondent-State.
Mr. Sagar Patil, Investigating Officer A.P.I. EOW Sangli present.
...
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 31 AUGUST 2026.
P. C. :
1. By the present Petition, the Petitioners, claiming to be victims in
a crime registered against the Accused for the offences punishable
under Sections 406, 409 and 420 read with Section 34 of the Indian
Penal Code, 1860 and Section 3 of the Maharashtra Protection of
Interest of Depositors (In Financial Establishments) Act, 1999, seek a
direction for constitution of a Special Investigation Team (SIT) to
investigate the said crime and/or for transfer of the investigation to the
State CID.
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13-WP-4121-2025 (CR).doc
2. Learned APP has pointed out that the charge has already been
framed. He submits that there are, in all, six accused, out of whom four
accused have been arrested, while the remaining two accused are
absconding. Proclamation has already been applied against the said two
absconding accused. He further submits that at least 15 properties
belonging to the accused have been proposed for attachment and 27
bank accounts have been frozen.
3. After hearing the matter for some time, we are satisfied that the
investigation has been conducted properly by the Investigating Officer.
4. Learned APP, on instructions, submits that further investigation
would be carried out and efforts would be made to secure the arrest of
the two absconding accused. He further submits that, if any further
details regarding properties belonging to the accused are received,
appropriate steps for attachment of such properties would be taken in
accordance with law.
5. In view of the statement made by the learned APP on instructions
of the Investigating Officer, the learned Counsel for the Petitioners, on
instructions, seeks leave to withdraw the present Petition. The
statement made by the learned APP on behalf of the Investigating
Shubham 2
13-WP-4121-2025 (CR).doc
Officer is accepted.
6. The Petition stands disposed of as withdrawn.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
Digitally signed
by TALLE
TALLE SHUBHAM
ASHOKRAO
SHUBHAM Date:
ASHOKRAO 2026.09.01
18:47:35
+0530
Shubham 3
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