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2026 DAILYLAW 19645 (BOM)

SATISH VITTHAL MEMANE v. STATE OF MAHARASHTRA AND ANR

WP/5598/2025 · 2026-10-06

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Judgment text

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Sbw 16-WP-5598-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5598 OF 2025 Satish Vitthal Memane … Petitioner V/s. State of Maharashtra & Anr. … Respondents Mr. Prashant S. Hagare for the Petitioner. Smt. Madhavi H. Mhatre, APP, for the Respondent-State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 6th October, 2026 P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking transfer of investigation of Crime No.573 of 2024 registered with Shikrapur Police Station, Taluka Shirur, District Pune, under Sections 304, 304A, 109, 337, 338, 279 of India Penal Code and under Sections 184, 134(a), (b), 4, 5, 181 of Motor Vehicles Act, 1988. 2) Heard Mr. Hagare, learned Advocate for the Petitioner and Smt. Mhatre, learned APP for the Respondent-State. Perused charge-sheet. 3) Record indicates that, after completion of investigation of the said 1/2 SANDHYA BHAGU WADHWA Digitally signed by SANDHYA BHAGU WADHWA Date: 2026.10.14 18:20:54 +0530 Sbw 16-WP-5598-2025.doc crime, the Police have filed charge-sheet on 2nd August 2024 in the Court of Judicial Magistrate, First Class, Ghodnadi, Shirur, Pune, and the said case is numbered as R.C.C. No.386 of 2024. 4) The ground raised for transfer of investigation is that, there is interpolation and/or correction in the width of road from 15 feet to 10 feet effected by the concerned Police Officer, allegedly for defeating the claim of the Petitioner before the Motor Accident Claim Tribunal seeking compensation and to give benefit of it to the accused persons. 5) We find no substance in the said contention. The Petitioner is having remedy to cross examine the said witness who has allegedly effected the said correction in the spot punchnama dated 2nd June, 2024. 6) According to us, this solitary minor error/mistake cannot be a reason for transfer of investigation of the said crime. 7) Apart from the said fact, it be noted here that, the investigation of crime has already been completed and the Police have filed charge-sheet before the jurisdictional Magistrate. 8) In view of the above, we find no merits in the Petition and is accordingly dismissed. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2