Bombay High Court
MANISHA VITTHAL PARKADversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed as the investigation had already concluded with a filed charge‑sheet, rendering a transfer unnecessary.
Summary
Mrs. Manisha Vitthal Parkad filed a criminal writ petition seeking the transfer of the investigation of Crime No. 51 of 2025, registered at Police Station Gangakhed, Parbhani, from the local police to the Criminal Investigation Department. The offences alleged were under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023. The Additional Public Prosecutor informed the Court that a charge‑sheet had already been filed and R.C.C. No. 308 of 2025 was registered, indicating that the investigation was complete. The Court held that once a charge‑sheet is filed, there is no ground to order a transfer of investigation. Consequently, the petition was dismissed and the writ petition was disposed of.
Issues considered
- Whether a criminal investigation can be transferred to the CID after a charge‑sheet has been filed and an R.C.C. registered.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
Subjects
- criminal procedure
- transfer of investigation
- charge-sheet
- CID
- writ petition
Judgment
2026:BHC-AUG:38026-DB
954 CRIMINAL WRIT PETITION NO. 555 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
954 CRIMINAL WRIT PETITION NO. 555 OF 2025
Mrs. Manisha Vitthal Parkad
VERSUS
The State Of Maharashtra And Others
__________________________________________________________
Adv. Sisodiya Ashutosh C. for the Petitioner - Absent
Mr. A. S. Shinde, Addl.PP for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 20, 2026
PER COURT :
1) None appears for the petitioner.
2) By way of the present petition, the petitioner is
seeking transfer of the investigation of Crime No. 51 of
2025 registered with Police Station Gangakhed, District
Parbhani, for the offences punishable under Sections
103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023, to
the Criminal Investigation Department.
3) However, the learned Additional Public
Prosecutor, on instructions, submits that the charge-sheet
has already been filed in the aforesaid crime after due
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954 CRIMINAL WRIT PETITION NO. 555 OF 2025
investigation and, accordingly, R.C.C. No. 308 of 2025 has
been registered.
4) In view of the above, nothing survives in the
present petition. Criminal Writ Petition, therefore, stands
disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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