Vijay Bhaskarrao Patil vs the Director of Central Bureau of Investigation, Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

Vijay Bhaskarrao Patil vs the Director of Central Bureau of Investigation, Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief on the challenged transfer decision; the Petition was disposed of as nothing survived for consideration, it being left open to the Petitioner to file appropriate proceedings before the learned Special Judge, Pune and contest the CBI closure report, with all contentions on merits kept open.

Issue for consideration

Whether the decision of the State of Maharashtra (Respondent No.2) to transfer the investigation into FIR Crime No.3/2021 registered at Kothrud Police Station, Pune City to the CBI is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and liable to be quashed and set aside.

Court's answer

Since the CBI has filed a closure report before the learned Special Judge, Pune, nothing survives for further consideration in the Petition; the Petition is disposed of accordingly.

Ratio / Principle

It is open to the Petitioner to file an appropriate proceeding before the learned Special Judge, Pune, and contest the closure report.

Key takeaways

The Court has not gone into the merits of, or the reasons for, closing the case; all contentions of all parties on merits are kept open.ratio¶27

Detailed headnote1 paragraphs

Criminal Writ Petition (Bombay High Court, Revati Mohite Dere & Dr. Neela Gokhale, JJ.) challenging the State Government's notification dated 27th July 2022 transferring the investigation of FIR/C.R. No.3 of 2021 (Kothrud Police Station, Pune City) to the CBI as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution. During the pendency of the Petition, the CBI completed the investigation and filed a closure report on 23rd December 2023 before the learned Special Judge, Pune. Counsel for the State and the CBI stated that the Petition did not survive and that the Petitioner could adopt appropriate remedies before the Special Judge, including a protest petition. Holding that nothing survived for further consideration, the Court disposed of the Petition, expressly refraining from examining the merits of, or reasons for, closure and keeping all contentions of all parties on merits open; the Petitioner remained free to contest the closure report before the learned Special Judge, Pune.

22-WP-1547-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.1547 OF 2024

Vijay Bhaskarrao Patil …..Petitioner Vs.

The Director Of Central Bureau Of Investigation, Mumbai & Ors. …..Respondents

Mr. Sandeep R. Karnik a/w Mr. Vishwajeet Nimbalkar, for the Petitioner

Mr. Amit Munde, SPP a/w Mr. Parikshit Pawar, for CBI- Respondent No.1

Mr. V. B. Konde Deshmukh, Addl. P. P, for Respondent-State

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 23^rd APRIL 2025.

P.C.:-

By this Petition, the Petitioner essentially seeks the following substantive reliefs:

“b. Hold and declare that the action/decision of the Respondent No.2 State of Maharashtra to transfer the investigation into FIR bearing Crime No.3/2021 registered with Kothrud Police Station, Pune City to the Respondent No.1 Central Bureau of Investigation is illegal, arbitrary and violative of Article 14 & 21 of the Constitution of India and hence liable to be quashed and set aside and for that purpose issue necessary orders.

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c. Issue of writ of mandamus or any other appropriate writ, order or direction in the nature of writ of mandamus, thereby directing to transfer the investigation into FIR bearing Crime No.3/2021 has been registered with Kothrud Police Station, Pune of Investigation may kindly be stayed and for that purpose issue necessary orders.”

Mr. Konde Deshmukh, learned Addl. P.P appearing for the State of Maharashtra and Mr. Munde, learned SPP appearing for the Respondent- CBI state that the Petition does not survive, inasmuch as, the CBI after transfer of investigation to them from the Kothrud Police Station, Pune, has filed a closure report before the learned Special Judge, Pune, on 23^rd December 2023. They state that it is now open for the Petitioner to adopt appropriate remedy before the said Court including filing of a protest petition, if the Petitioner so desires.

It appears that C.R. No.3 of 2021 registered with the Kothrud Police Station, Pune City was transferred by the State Government vide notification dated 27^th July 2022, to the CBI. Pursuant thereto CBI investigated the case and file a closure report in the said case on 23^rd December 2023 before the learned Special Judge, Pune.

Considering that the CBI has filed a closure report, it is now

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open for the Petitioner to file appropriate proceeding before the said Court and contest the same.

In view of the above, nothing survives for further consideration in this Petition. The Petition is accordingly disposed off.

Needless to state, that we have not gone into the merits or reasons for closing the case and as such, all contentions of all parties on merits are kept open.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)

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