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2026 DAILYLAW 12543 (BOM)

GURJEETPAL SINGH IQBAL SINGH BHATIA v. THE STATE OF MAHARASHTRA AND OTHERS

WP/1050/2022 · 2026-09-23

Transfer Petitionbody2026

Judgment text

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914 CRIMINAL WRIT PETITION NO. 1050 OF 2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 CRIMINAL WRIT PETITION NO. 1050 OF 2022 Gurjeetpal Singh Iqbal Singh Bhatia Versus The State Of Maharashtra And Others __________________________________________________________ • Adv. Nikhil M. Choudhari h/f. Adv. Dhananjay M. Shinde for the Petitioner • Mr. G. A. Kulkarni, A.P.P. for State __________________________________________________________ CORAM : SANDIPKUMAR C. MORE AND VAISHALI PATIL-JADHAV, JJ. DATE : SEPTEMBER 23, 2026 PER COURT : 1) Heard. 2) Though the learned advocate Mr. Choudhary, holding for Mr. Shinde, learned counsel for the petitioner, seeks time to take instructions, but the petition appears to be filed for reinvestigation of Crime No. 378 of 2017 registered with Vazirabad Police Station, Nanded. Admittedly, R.C.C. No. 901/2017 regarding the aforesaid crime is pending before the concerned Court at Nanded, i.e. Chief Judicial Magistrate, Nanded, and it is fixed for evidence. 3) The main grievance of the petitioner appears to be that the investigating officer, despite injury inflicted by a Komal Kamble Page| 1 of 2 2026:BHC-AUG:43525-DB 914 CRIMINAL WRIT PETITION NO. 1050 OF 2022 dangerous weapon on the vital part of the body, did not apply Section 307 of the Indian Penal Code and submitted the charge-sheet for the offences under Sections 324, 323, 504 and 506 only. However, if the concerned Court is of the opinion that the offence under Section 307 of the I.P.C. is attracted in this matter, then the charge can be altered accordingly. The petitioner, instead of seeking reinvestigation, still can approach the concerned Magistrate for such alteration of charge. 4) Under such circumstances, we deem it appropriate to dispose of this petition with direction to the petitioner to approach the concerned Chief Judicial Magistrate for alteration of the charge. We make it clear that if such application is filed by the petitioner for the said purpose, then the concerned Chief Judicial Magistrate shall consider it on its own merits and in the light of the material placed on record by way of the charge-sheet. The criminal writ petition stands disposed of accordingly. (VAISHALI PATIL-JADHAV) JUDGE (SANDIPKUMAR C. MORE) JUDGE Komal Kamble Page| 2 of 2