1746.22WP 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 CRIMINAL WRIT PETITION NO.1746 OF 2022 MANGESH SUBHASHCHANDRA SARASWAT (SHARMA) VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr.R.S.Shinde APP for respondent-State : Mr.N.B.Patil … CORAM : SANDIPKUMAR C. MORE & VAISHALI PATIL-JADHAV,JJ. DATE : 07.10.2026 P.C. : 1] Heard. Prayer clauses-C and F now do not survive since the bike of the petitioner is already handed to the petitioner under letter dated 26.04.2023. So far as prayer in respect of initiating enquiry against the respondent no.8 for not returning the vehicle of the petitioner is concerned, the petitioner has already availed an opportunity of making a complaint before the Divisional Police Complaint Authority, Nashik against the respondent no.8. 2] The learned counsel for the petitioner placed on record judgment dated 17.06.2026 in his complaint produced before the said authority. 2026:BHC-AUG:47996-DB 1746.22WP 2 3] On going through the said judgment, it is clearly evident that the respondent no.8 was prima facie found guilty for misconduct and the departmental enquiry was accordingly recommended. However, merely because of the pendency of this petition, it was observed that the execution of the said recommendation would be subject to the final outcome of this petition. 4] We would like to make it clear that once the respondent no.8 is held guilty for misconduct then departmental action against him, under enquiry, would follow. Therefore, we clarify that the concerned Department may hold the departmental enquiry against respondent no. 8 as per the order passed by the Divisional Police Complaint Authority, Nashik and decide the same, as per its own merit. 5] With these directions, the Writ Petition stands disposed of. [VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE] JUDGE JUDGE DDC