Bombay High Court

ABRAR MUKTAR ALIAS MOLHAMMED SHAIKHversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

Since the police have already taken cognizance, effected arrests and recorded statements, the relief sought is no longer available and the petition is disposed.

Summary

The petitioner, Abrar Muktar, filed a criminal writ petition seeking a writ of mandamus directing the police to arrest accused persons in two crimes, to transfer the investigations to an independent agency, and to provide protection and departmental action against police officials. The respondents filed police papers and charge-sheets showing that the police had already taken cognizance, arrested some accused, recorded statements, and noted that other accused were on anticipatory bail. The court examined these records and concluded that the reliefs sought were already effected by the police. Consequently, the court held that there was no remaining ground for the petition. The writ petition and the pending criminal application for intervention were therefore disposed.

Issues considered

Whether the court can issue a writ of mandamus directing police to arrest accused when police have already acted on the complaints.
Whether the petition for transfer of investigation to an independent agency is maintainable after police have taken cognizance.
Whether the petitioner is entitled to relief for alleged police abuse and lack of protection in view of the existing police actions.

Subjects

Criminal Procedure Code
Writ of Mandamus
Police Investigation
Anticipatory Bail
Transfer of Investigation
Police Protection
Abuse of Authority

Judgment

                                (1)
                                              942 Cri.WP-608.2026.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

     942 CRIMINAL WRIT PETITION NO. 608 OF 2026
                        WITH
       CRIMINAL APPLICATION NO. 2243 OF 2026
                   IN WP/608/2026

       ABRAR MUKTAR ALIAS MOLHAMMED SHAIKH
                            VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                                 …
     Mr. Rakesh Bramhankar, Advocate for the petitioner.
          Mr. N.B. Patil, A.P.P. for respondents-State.
     Mr. Sanket Suryawanshi, Advocate for the Intervenor.
                                 ...

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

                 DATED : 7 JULY 2026.

Per Court :

1.   Heard.

2.   The petition is filed seeking the following reliefs :

     “B. Issue a writ of Mandamus or any other appropriate
     writ, order or direction directing the Respondent
     Authorities to forthwith arrest the accused persons in
     Crime No. 10/2026 and Crime No. 85/2026 registered
     at Ahilyanagar Camp Police Station and Topkhana
     Police Station respectively;

     C. Transfer the investigation of Crime No. 10/2026 and
     Crime No. 85/2026 to an independent agency such as
     the State CID or any other competent agency, or in the
     alternative, monitor the investigation through this
     Hon’ble Court;
                               (2)
                                             942 Cri.WP-608.2026.odt
     D. Direct initiation of appropriate departmental and
     legal action against erring police officials for abuse of
     authority, dereliction of duty, and threatening the
     Petitioner;

     E. Direct the Respondents to provide immediate and
     adequate police protection to the Petitioner and his
     family members in view of the imminent threat to their
     lives;

     F. Direct the Respondents to take preventive action
     against the accused persons in accordance with law
     considering their criminal antecedents”.


3.   However, today the learned A.P.P. placed on record police

papers alongwith charge-sheet in both the Crime Nos.10 of

2026 and 85 of 2026 registered with Bhingar Camp Police

Station and Topkhana Police Station respectively.       On going

through the said charge-sheet and police papers, it is evident

that the police had taken cognizance of the complaints made

by petitioner and arrested some of the accused.          However,

some of the accused were already on anticipatory bail. Further,

all the recoveries appear to have made and statements of

concerned witnesses have also been recorded.



4.   In view of above, the action which the petitioner is

seeking in this petition, is already taken by the concerned

Police Stations. As such, nothing survives in this petition and
                              (3)
                                            942 Cri.WP-608.2026.odt
the petition stands disposed of. In view of the disposal of writ

petition, pending criminal application for intervention also

stands disposed of.




(VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
       JUDGE                                JUDGE




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