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Bombay High Court

MOHAN GOPICHAND SHINDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is disposed of as a magisterial investigation has already been ordered and is pending.

Summary

Mohan GOPICHAND Shinde filed a criminal writ petition challenging actions of the State of Maharashtra. The High Court directed the Principal District Judges of Hingoli and Parbhani to submit reports on the matter. The report from the Hingoli judge indicated that a magisterial investigation had been ordered on 30-04-2025 and was pending before the JMFC, Basmath. The counsel for the petitioner expressed intent to pursue the magisterial investigation. Consequently, the Court disposed of the petition, noting that the investigation was already underway.

Issues considered

  • What is the appropriate remedy for the petitioner’s grievance under criminal procedure?
  • Whether the Court should order a magisterial investigation in the present case?

Subjects

  • criminal writ petition
  • magisterial investigation
  • jurisdiction
  • disposal

Judgment

2026:BHC-AUG:44111-DB


                                       1                  920 CRIMINAL WRIT PETITION NO. 733 OF 2023



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD
                    920 CRIMINAL WRIT PETITION NO. 733 OF 2023

                               MOHAN GOPICHAND SHINDE
                                          VERSUS
                       THE STATE OF MAHARASHTRA AND OTHERS
                                            ...
            Adv. S. P. Katneshwarkar, Advocate for the Petitioner
            Adv. A. S. Shinde, APP for Respondents-State
                                            ...

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

                                   DATED : 22/09/2026
            Per Court:

            .     Pursuant to the order dated        21.04.2026, the Principal

            District Judge, Hingoli as well as the learned Principal District

            Judge, Parbhani were asked to submit reports. Accordingly, the

            learned Principal District and Sessions Judge, Hingoli forwarded

            the confidential report dated 06.05.2026 to this Court. On going

            through the said report, it appears that the learned Principal

            District and Sessions Judge, Hingoli after receiving the papers from

            learned Principal District Judge, Parbhani has passed order dated

            30.04.2025 directing a magisterial investigation in this matter as

            per the grievance of the petitioner. The report further indicates that

            the said magisterial investigation is pending before the J.M.F.C.

            (Court No.1), Basmath, Dist. Hingoli.
                                2                  920 CRIMINAL WRIT PETITION NO. 733 OF 2023



2.         Under such circumstances and in view of the contents of the

report from the learned Principal District and Sessions Judge,

Hingoli, the learned counsel submits that he will pursue to the

matter of magisterial investigation as aforesaid.



3.         In view of the same, the petition stands disposed of.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/


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