Bombay High Court

ABOLI AJINKYA KESKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petition cannot be entertained for restoration of investigation; the petitioner must seek transfer of the pending criminal case to the appropriate magistrate at Latur.

Summary

The petitioner filed a criminal writ petition seeking a direction to restore the investigation of a complaint lodged on 31.01.2026 with MIDC Police Station, Latur. The investigation had already been completed by Ravet Police Station, and a charge sheet (FIR No.30/2026) was filed, leading to the registration of RCC No.355/2026 before the Judicial Magistrate First Class, Vadgaon Mawal, where the case is pending for framing of charge. The Court observed that, since the investigation was concluded and the case was already before a court, the appropriate remedy for the petitioner is to apply for a transfer of the proceedings to the Latur magistrate. Consequently, the petition was disposed of, with liberty granted to the petitioner to file a transfer application. The decision underscores that the High Court cannot order a fresh investigation once the case has progressed to trial stages.

Issues considered

Whether the High Court can direct a fresh investigation at the original police station when the investigation has already been completed and the case is pending before a magistrate.
Whether the petitioner’s remedy lies in seeking transfer of the criminal proceedings rather than restoration of investigation.

Subjects

criminal procedure
investigation
transfer of criminal case
jurisdiction
writ petition
High Court

Judgment

2026:BHC-AUG:40045-DB

                                                                                     521.26WP

                                                     1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        37 CRIMINAL WRIT PETITION NO. 521 OF 2026

                                  ABOLI AJINKYA KESKAR
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                                  ...
                      Advocate for the petitioner : Mr.G.N.Kulkarni [Mardikar]
                            APP for Respondent-State : Mr.S.J.Salgare
                                                  …

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

                                        DATE         :   31.08.2026


                 P.C. :


                 1]            Though the petition is filed for direction to restore

                 investigation of the complaint dated 31.01.2026 filed by the

                 petitioner    with   MIDC     Police     Station,   Latur,     but     the

                 investigation of the said crime i.e. FIR No.30/2026 is already

                 completed by the Ravet Police Station, Pimpri Chinchwad.

                 The learned APP today placed on record copy of the charge

                 sheet    in   the    said   crime       and   submitted      that     RCC

                 No.355/2026 is already registered in the concerned Court of

                 Judicial Magistrate First Class, Vadgaon Mawal, District

                 Pune. At present, the said proceeding is pending for framing
                                                        521.26WP

                              2

of charge against the accused persons and the charge is also

framed    against   the   accused    persons.   Under    such

circumstances, the only remedy left with the petitioner to

transfer the said proceeding at Latur by filing appropriate

application.



2]         In view of the same, we dispose of this Criminal

Writ Petition, with liberty to the petitioner for filing

appropriate application for transfer of the said criminal case

from Vadgaon Mawal to the concerned Magistrate at Latur.




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

DDC

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