JYOTSNABEN D/O KANTILAL PATELversusSTATE OF MAHARASHTRA AND ORS

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                      WRIT PETITION NO. 5577 OF 2025

Jyotsnaben D/o. Kantilal Patel                             …..Petitioner

         Vs.

The State Of Maharashtra & Ors.                            …..Respondents

                    ____________________________________

Mr. Anant Devkate a/w Adv. Seema S. Dighe i/by Adv. Priyal G. Sarda
for the Petitioner.
Smt. Madhavi H. Mhatre APP, for the Respondent-State.
                    ____________________________________

                                 CORAM :      A. S. GADKARI AND
                                              KAMAL KHATA, JJ.
                                    DATE :    29th AUGUST, 2026.


P.C.:-

1)             By this Petition under Article 226 of the Constitution of India,

the Petitioner is seeking transfer of investigation of CR No.355 of 2024,

registered with Azad Maidan Police Station, Mumbai under Sections 302,

201 and 120B of the Indian Penal Code to CBI or State Investigation

Department.

2)             Record indicates that, after completion of investigation, the

Police had filed “B-Summary Report” in the Court of Judicial Magistrate

First Class, 64th Court, Esplanade, Mumbai. The said report was numbered

as C.C. No.1629/Misc/2025.

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3)           Petitioner had filed a Protest Petition in the said Report. The

learned Magistrate allowed the said Protest Petition and rejected “B-

Summary Report” filed by the police in the said CR No.355/2024, by an

Order dated 31st July, 2025. The learned Magistrate has directed Azad

Maidan Police Station, Mumbai to conduct further investigation and submit

final report in that behalf.

3.1)         In this precise background, Petitioner is seeking transfer of

investigation of the said crime.

4)           The question which arises for consideration as to whether the

alleged accused persons were having any mens rea to commit alleged

murder of Amratlal Patel. Prima facie record indicates that, there was no

mens rea attributed to the accused persons.

4.1)         It is the case of the Petitioner that, her brother Amratlal Patel

had undergone Angioplasty few days before the date of his demise, at

Surat. That, despite of having knowledge that long distance travel was not

permitted, the accused persons allegedly insisted to shift him in their car to

hospital at Mumbai.      The accused persons did not avail the facility of

ambulance for shifting the deceased to Mumbai and also turned down the

request of Mr. Narendra and Smt. Geetaben Patel who were taking care of

the deceased to at least travel in ambulance. On 17 th April, 2021, Amratlal

Patel was declared dead when he was undergoing treatment.                After


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        completion of investigation, the police have filed “B-Summary Report” as

        noted earlier.

        5)                 Perusal of record indicates that, the police attached to Azad

        Maidan Police Station, Mumbai have properly conducted investigation.

        However, in view of the fact that, the learned Magistrate has now directed

        the concerned Police station to conduct further investigation, we refrain

        ourselves for making further comments.

        6)                 In view of the above, we find that it is not necessary to transfer

        the investigation of CR No.355 of 2024 registered with Azad Maidan Police

        Station, Mumbai to any other agency.

        7)                 Petition is accordingly disposed off.




                     (KAMAL KHATA, J.)                             (A.S. GADKARI, J.)


            Digitally signed
            by SANJIV
SANJIV      SHARNAPPA
SHARNAPPA   MASHALKAR
MASHALKAR   Date:
            2026.09.09
            13:14:26 +0530




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