Bombay High Court

AVINASH GENA PANDULEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court dismissed the writ petition, holding that the petitioner must raise specific investigation flaws before the trial court, which alone can order further investigation.

Summary

The petitioner, Avinash Gena Pandule, filed a criminal writ petition seeking a direction for a special independent investigating team to conduct investigation into Crime No.12/2026 under Section 108 of the B.N.S. 2023 and Section 39 of the Maharashtra Money Lending Regulation Act, 2014. The respondents, the State of Maharashtra, contended that a charge‑sheet had already been filed, indicating that any grievance should be raised before the trial court. The Court observed that the petitioner could point out specific flaws in the investigation to the trial court and seek further investigation there. Consequently, the High Court disposed of the petition, granting the petitioner liberty to approach the trial court with detailed allegations. The Court clarified that any direction for further investigation would be decided by the trial court on its merits.

Issues considered

What relief can a petitioner obtain from a High Court to direct a special independent investigating team when a charge‑sheet is already filed?

Legislation cited

B.N.S. 2023 — s. 108
Maharashtra Money Lending (Regulation) Act, 2014 — s. 39

Subjects

criminal procedure
investigation
special investigating team
charge sheet
writ petition
high court

Judgment

                                     (1)
                                                     925 Cri.WP-901.2026.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

      925 CRIMINAL WRIT PETITION NO. 901 OF 2026

                 AVINASH GENA PANDULE
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS

---------------------------------------------------------------------------
           Mr. S.E. Shekade, Advocate for the petitioner.
          Mr. N.B. Patil, A.P.P. for the respondents-State.
---------------------------------------------------------------------------

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

                    DATED       : 16th September, 2026

Per Court :

1.      Heard.



2.      The petitioner is seeking direction to conduct the

investigation in Crime No.12/2026 registered with Mirajgaon

Police Station, Ahilyanagar under Section 108 of B.N.S. 2023

and under Section 39 of Maharashtra Money Lending

Regulation Act, 2014, by special independent investigating

team.



3.      Learned APP pointed out that the charge-sheet in this

crime is already filed. Thus, it appears that the petitioner is

aggrieved by certain flaws in the said investigation. However,

the course is open for the petitioner to point out those flaw to
                               (2)
                                            925 Cri.WP-901.2026.odt
the concerned Court and to get orders of further investigation,

if required.



4.    Under such circumstances, we dispose of this petition

with liberty to the petitioner to point out the alleged flaws in

the investigation to the concerned trial Court and ask for

further investigation. We make it clear that if such direction is

sought by the petitioner from the concerned trial Court, then

the trial Court will decide the same on its own merit.




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




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