Maroti Govind Kadam vs The State Of Maharashtra And Others
2023 Latest Caselaw 12969 Bom

Bombay High Court

Maroti Govind Kadam vs The State Of Maharashtra And Others on 18 December, 2023

Author: R. G. Avachat

Bench: R. G. Avachat

2023:BHC-AUG:26800-DB


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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        39 CRIMINAL WRIT PETITION NO. 1838 OF 2023
                                      Maroti Govind Kadam
                                             Versus
                               The State Of Maharashtra and others
                                                   ...
                Advocate for Petitioner : Mrs. Rashmi S. Kulkarni with Ms.
                Namita Thole
                APP for Respondents: Ms. Kavita R. Jamdhade
                                                 .....

                                            CORAM : R. G. AVACHAT AND
                                                    SANJAY A. DESHMUKH, JJ.

DATED : 18th DECEMBER, 2023.

PER COURT :-

This petition has been filed seeking further investigation

and change of investigating officer. The F.I.R. and other related

papers were bought to our notice, suggesting that some others have

also assaulted the informant and others and they have been left out

of the charge sheet and the F.I.R. In our view, the petitioner has

equally efficacious remedy to approach the very court and seek

appropriate direction in the light of judgment of the Apex Court in the

case of Sakiri Vasu vs. State of Uttar Pradesh and others, (2008)

2 SCC 409.

2. So far as regards the transfer of investigation from earlier

investigating officer to some one else is concerned, we observe that if

the trial court inclined to direct further investigation to be made, the wp1838.23

in-charge officer of the concerned police station shall not invest the

very investigating officer with further investigation.

3. Needless to state, if such an application is moved before

the concerned court for further investigation, the same would be

decided on its own merits.

4. Writ petition stands disposed of.

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.)

rlj/