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Bombay High Court

HIDAYATULLAH SHAUKAT ANSARIversusADDITIONAL COMMISSIONER OF POLICE AND ORS

Decided
Disposal
Dismissed

Holding

Transfer of the investigation to another agency would not address the grievance of the non‑conducted post‑mortem, and the petition is dismissed.

Summary

The petitioner, Hidaytullah Shaukat Ansari, complained that the post‑mortem of his deceased son was not conducted due to alleged negligence by the investigating officer and the hospital. He filed a criminal writ petition seeking the transfer of the investigation from Nirmal Nagar Police Station to agencies such as the CID or CBI, hoping this would remedy the post‑mortem lapse. The High Court examined whether a transfer order could address the specific grievance of a missing post‑mortem. It held that merely transferring the case would not cure the alleged negligence concerning the post‑mortem. Consequently, the court disposed of the writ petition, granting the petitioner liberty to pursue the appropriate legal remedy at the proper stage of the proceedings. The petition was therefore dismissed without any order for transfer.

Issues considered

  • Whether a criminal writ petition seeking transfer of investigation can remedy the grievance of a non‑conducted post‑mortem examination.
  • Whether the High Court can direct transfer of a criminal investigation to another agency in such circumstances.

Subjects

  • post‑mortem
  • negligence
  • transfer of investigation
  • criminal writ petition
  • high court
  • remedy

Judgment

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

          Digitally
                                      CRIMINAL WRIT PETITION NO.6123 OF 2025
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.03.05
          11:11:44
          +0530
                       Hidaytullah Shaukat Ansari                   .. Petitioner.
                                 Versus
                       The Additional Commissioner of Police        .. Respondents
                       & Ors.

                       None for Petitioner.
                       Mrs. M.M. Deshmukh, I/c PP a/w Mr. K.V. Saste, Additional PP for
                       State- Respondent No.1


                                            CORAM :    SHREE CHANDRASHEKHAR, CJ. &
                                                       GAUTAM A. ANKHAD, J.

                                            DATE   :   17th FEBRUARY 2026.
                       P.C. :

                              A grievance raised by the Petitioner is that the post-mortem
                       examination of his deceased son was not conducted on account of
                       negligence and dereliction of duty on the part of the Investigating
                       Officer and the hospital concerned.
                       2.     The petitioner is seeking transfer of investigation from Nirmal
                       Nagar Police Station, Brihanmumbai City to any other appropriate
                       agencies viz, Criminal Investigation Department, Central Bureau of
                       Investigation etc. in Crime no.659 of 2024. If the grievance of the
                       petitioner is as regards post- mortem examination, by transfer of a
                       case to another agency, such grievance cannot be addressed. Hence,
                       Criminal Writ Petition No.6123 of 2025 is disposed of with liberty to
                       the Petitioner to avail of appropriate remedy which is available in law
                       at the appropriate stage of proceedings.




                        [ GAUTAM A. ANKHAD, J. ]                    [ CHIEF JUSTICE ]
                                                          1/1
                       213 WP 6123.25.doc                                            Dusane


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