Bombay High Court
KUSHAL NAGESH NALGE THR GPA HOLDER KUNDAN S PATRAVALIversusTHE DISTRICT COLLECTOR NANDED AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The writ petition cannot be entertained as the order is stale and the investigating officer may seek the documents after cross‑examination, leading to the petition's disposal.
Summary
The petitioner, an original defendant in a civil suit for declaration of ownership and compensation, sought the production of an agreement bond and receipt held by the civil court for a criminal investigation. The investigating officer in Crime No. 878 of 2024 applied to the trial court for the documents, which the court declined, stating they were needed for the plaintiff's cross‑examination. The petitioner filed a writ petition challenging that refusal, arguing the investigation was being hampered. The High Court observed that the impugned order was dated 2 April 2025, more than fifteen months prior, and that the investigating officer could make a fresh application after the cross‑examination stage. Consequently, the Court found no reason to entertain the writ petition and disposed of it, allowing the officer to seek the documents later.
Issues considered
- Whether a writ petition challenging a trial court order dated more than fifteen months earlier can be entertained.
- Whether the investigating officer should be directed to hand over the documents at the present stage or may apply after the cross‑examination of the plaintiff.
Subjects
- writ petition
- civil suit
- evidence production
- investigating officer
- document handover
- cross‑examination
- jurisdiction
Judgment
2026:BHC-AUG:31189
1 wp 8440.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
21 WRIT PETITION NO. 8440 OF 2026
Kushal Nagesh Nalge Thr Gpa Holder Kundan S Patravali
VERSUS
The District Collector, Nanded And Others
...
Advocate for Petitioner : Mr. M.D. Narwadkar
AGP for Respondents: Mr. S.P. Sonpawale.
...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : July 27, 2026
PER COURT :-
1. Petitioner impugns the order dated 02.04.2025 passed
by learned Civil Judge S.D., Nanded below Exhibit-78 in
Regular Civil Suit No.146 of 2020.
2. The Petitioner is original defendant in Regular Civil Suit
No.146 of 2020. The suit is instituted for declaration of
ownership and release of compensation amount. During
pendency of Civil Suit, Police Head Constable, who is the
Investigating Officer in Crime no.878 of 2024, filed an
application to Court for handing over the original agreement
bond and receipt for sending the same to the handwriting
expert. The impugned order suggest that these documents are
already admitted in evidence vide Exhibit nos.54 an 55. The
suit is pending at the stage of cross-examination. In this
2 wp 8440.2026.odt
backdrop, Trial Court refused to entertain the application of
Investigating Officer observing that at this crucial stage,
aforesaid documents are required for effective cross-
examination of plaintiff.
3. Learned advocate appearing for petitioner submits that
investigation in Crime no.878 of 2024 is hampered as original
documents are on the record of Civil Court, therefore, prayers
for handing over same to Investigating Officer ought to have
been allowed.
4. This Court finds that, at this stage, there is no reason to
entertain present Writ Petition, particularly, when impugned
order is passed long back on 2.4.2025 i.e. more than 15
months before. Secondly, Investigating Officer would be at
liberty to make an application for handing over said documents
once cross-examination of plaintiff is over. Therefore, with
liberty in favour of the Investigating Officer to move an
application for handing over said documents on completion of
cross-examination of witnesses in the suit, Writ Petition stands
disposed off in aforesaid terms.
( S. G. CHAPALGAONKAR )
Judge.
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