Bombay High Court

HAMID GANI SHAHversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 18 April 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petitioner may seek further investigation by filing an application under Section 173(8) of the Cr.P.C., and the writ petition is disposed.

Summary

The petitioner, Hamid Gani Shah, filed a writ petition seeking a direction for further investigation into a crime for which a charge-sheet had been filed in 2019. The learned Additional Public Prosecutor, on behalf of the State, submitted that the investigation was complete. The High Court examined whether it could compel the police to reopen the investigation. The Court held that the petitioner is at liberty to approach the trial court under Section 173(8) of the Criminal Procedure Code to seek further investigation. Consequently, the petition was disposed of without any order directing the police to reinvestigate.

Issues considered

Whether the High Court can direct the police to conduct further investigation in a case where a charge-sheet has already been filed
Whether the petitioner should be directed to file an application under Section 173(8) of the Criminal Procedure Code for further investigation

Legislation cited

Code of Criminal Procedure, 1973 — s. 173(8)

Subjects

Criminal Procedure Code
Section 173(8)
Further Investigation
Writ Petition
High Court

Judgment

DTG                                                             212-Wp-625-2018.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                      WRIT PETITION NO. 625 OF 2018

Hamid Gani Shah                                    … Petitioner
      V/s.
The State of Maharashtra & Ors.                    … Respondents
                _______________________________________
Ms. Vijaya Jagdale (Through V.C.) for Petitioner.

Mr. J.P. Yagnik, A.P.P. for Respondent-State.

Mr. Mahesh Sawant, PSI, Goregaon Police Station, Mumbai, present.
              _______________________________________

                          CORAM : A. S. GADKARI AND
                                  KAMAL KHATA, JJ.
                          DATE  : 18th April 2026
P.C. :

1)           Learned APP on instructions from PSI Mr. Mahesh Sawant,

attached to Goregaon Police Station, Mumbai, submitted that, investigation

of present crime is completed and charge-sheet is filed in the year 2019. The

prayer of the Petition is to direct further investigation in the case.

2)           The Petitioner is at liberty to file an Application under Section

173(8) of the Cr.P.C. seeking further investigation of the present crime before

the trial Court.

2.1)         By reserving the said remedy in favour of the Petitioner, Petition

is disposed off.

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



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