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2025 DAILYLAW 71654 (BOM)

A. B. C. v. STATE OF MAHARASHTRA AND ORS.

WP/4656/2025 · 2025-12-01

Shri Ajit B Kadethankar, Shri M S Karnik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

119-WP-4656-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4656 OF 2025 A. B. C. … Petitioner Versus The State of Maharashtra & Ors. … Respondents —————— Mr. D. V. Sutar, a/w Shruti Ghodake i/by Reshma J Adnaik for the Petitioner. Mr. Anand Shalgaonkar, APP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 1, 2025. P. C. : 1. Heard learned Counsel for the Petitioner. 2. The present petition seeks a direction to Respondent No. 1 to transfer the investigation of FIR bearing C.R. No. 294 of 2024, registered in Panchgani Police Station on 14th December 2024 for the ofences under Sections 312, 232, 376(2)(n), 504, and 506 of the IPC, to an appropriate police oicer, preferably a woman police oicer not below the rank of Superintendent of Police. Shubham Talle 1 of 3 TALLE SHUBHAM ASHOKRAO Digitally signed by TALLE SHUBHAM ASHOKRAO Date: 2025.12.03 10:34:05 +0530 119-WP-4656-2025.doc 3. It is the contention of the learned Counsel for the Petitioner that the investigation has not been carried out despite the registration of a serious ofence under Section 376(2)(n) of the IPC against the accused. It is further submitted that the accused was the In-charge of the Panchgani Police Station, and therefore, according to the learned Counsel for the Petitioner, the Petitioner is apprehensive that the investigation may be inluenced, particularly since the matter pertains to the very same Panchgani Police Station. 4. Prima facie, we ind substance in the contention raised by the Petitioner. The investigation must be fair, impartial, and free from any doubt whatsoever. 5. In such view of the matter, we ind it appropriate this Petition itself can be treated as a representation by the Special Inspector General of Police, Kolhapur Range, Kolhapur. Considering the sensitivity of the matter and the nature of the allegations made, the Special Inspector General of Police shall, after calling for an appropriate report from the Superintendent of Police, Satara, and upon consulting the concerned oicials, take a decision on whether the investigation should be transferred as prayed for in this Petition. 6. Learned APP immediately inform the Special Inspector General of Police of the order passed by this Court. The order of this Court be forwarded along with the copy of this Petition. Shubham Talle 2 of 3 119-WP-4656-2025.doc 7. Writ Petition stands disposed of. 8. List on 15th January, 2026 (“For Compliance”). [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] Shubham Talle 3 of 3