1 CRIWP730-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.730/2026 (RITA YAMUNAPRASAD UPADHYAY VERSUS THE STATE OF MAHARASHTRA, THR. SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI-400032 & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri Virat Mishra, counsel for the petitioner. Ms H.N. Jaipurkar, Additional Public Prosecutor for the respondent nos.1 to 4. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE , JJ. D ATE : SEPTEMBER 21 , 2026 . Heard Shri Virat Mishra, learned counsel for the petitioner. 2. The petitioner has approached this Court seeking direction to transfer the investigation in Crime No.105 of 2024 registered with the respondent no.3-Police Station against the respondent nos.5 to 10 to the independent investigating agency. 3. However, a perusal of the criminal writ petition reveals that the investigation in the aforesaid offence is already completed and Charge- Sheet No.116 of 2026 is filed by the respondent no.3 on 23.06.2026 in the Court of learned Judicial Magistrate First Class, Chikhli. On the basis of such charge-sheet, criminal proceedings bearing S.C.C. No.937 of 2026 are also registered. 4. In view of above and in view of the specific provision of Section 193(9) of the Bhartiya Nagrik Suraksha Sanhita, 2023, Shri Virat Mishra, learned counsel for the petitioner, on instructions, seeks permission of this Court to withdraw the present writ petition with liberty to file an appropriate application under Section 193(9) of the Bhartiya Nagrik Suraksha Sanhita, 2023 requesting the Court for issuing appropriate directions for further Investigation. Once such order is issued, then the petitioner shall be at liberty to move an application for seeking proper investigation, before appropriate forum. 2026:BHC-NAG:12504-DB 2 CRIWP730-26.odt 5. Permission is granted. 6. The writ petition is disposed of as withdrawn with liberty as prayed for. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) APTE Signed by: Apte Designation: Senior Pvt. Secretary Date: 22/09/2026 11:11:33