Rajesh Hiraman Lokhande vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Rajesh Hiraman Lokhande vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief decided; the Court recorded the learned APP's submission that the Commissioner of Police, Thane will file an additional detailed Affidavit placing on record all the necessary and relevant facts, and at the learned APP's request the matter was stood over to 19th December 2025.

Issue for consideration

Whether the lacunaes kept by Investigating Officer Shri Yogesh Pardeshi, as reported in the report dated 3rd May 2024 of the Deputy Commissioner of Police, Zone-1, Thane, have been cured by the subsequent Investigating Officer. +1 more

Court's answer

The Court found that the Commissioner of Police, Thane's Affidavit dated 9th December 2025 does not state in clear words whether the lacunaes kept by Investigating Officer Shri Yogesh Pardeshi, as reported in the report dated 3rd May 2024 by the Deputy Commissioner of Police, Zone-1, Thane, have been cured by the subsequent Investigating Officer; the underlying question remains open.

Key takeaways

Although it is stated that three charge-sheets have been filed in the present crime, the Affidavit does not state elaborately what the balance investigation, or the investigation still in progress, consists of.obiter¶¶13
The Court observed that it is the right of a citizen of India, as enshrined under the Constitution of India, to have his complaint properly investigated by the Investigating Agency; whether the lacunaes kept by PSI Shri Pardeshi were intentional or unintentional is a secondary issue, the primary issue being conduct of the investigation as per the provisions of law and without favoring the accused persons.obiter¶¶17

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Writ Petition No. 2379 of 2025 — Rajesh Hiraman Lokhande v. The State of Maharashtra & Ors.; Coram: A. S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.; order dated 10th December 2025. Interim order in a petition filed by the victim seeking proper investigation and/or re-investigation of a crime. Pursuant to the Court's order dated 12th November 2025, the Commissioner of Police, Thane filed an Affidavit dated 9th December 2025; the Court found it did not state in clear words whether the lacunaes kept by Investigating Officer Shri Yogesh Pardeshi — as reported in the Deputy Commissioner of Police, Zone-1, Thane's report dated 3rd May 2024 — had been cured by the subsequent Investigating Officer, and, though three charge-sheets had been filed, did not elaborate the balance investigation. The Court observed that a citizen of India has, under the Constitution of India, the right to have his complaint properly investigated, and that whether the lacunaes were intentional or unintentional is secondary to investigating as per law without favoring the accused. On the learned APP's submission that an additional detailed Affidavit would be filed, the matter was stood over to 19th December 2025.

dtg 8-Wp-2379-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2379 OF 2025

Rajesh Hiraman Lokhande … Petitioner

V/s.

The State of Maharashtra & Ors.

… Respondents

Mr. Vipul D. Patil for Petitioner.

Smt. Mankuwar M. Deshmukh, Acting P.P. a/w Mr. Vinod Chate, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 10^th December 2025

P.C. :

In pursuance of Order dated 12^th November 2025, the Commissioner of Police, Thane, has filed his Affidavit dated 9^th December 2025. Perusal of Affidavit indicates that, whether the lacunaes kept by the Investigating Officer Shri Yogesh Pardeshi as reported in report dated 3^rd May 2024 by the Deputy Commissioner of Police, Zone-1, Thane, are cured by subsequent Investigating Officer or not is not stated in clear words. Though, it is stated that, three charge-sheets have been filed in the present crime, what is the balance investigation or the investigation which is still in progress is not stated elaborately.

It be noted here that, it is the victim who has filed the Petition

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dtg 8-Wp-2379-2025.doc

for seeking proper investigation and/or re-investigation of the crime, as the Investigating Agency has not conducted the crime in question properly. It is the right of citizen of India as enshrined under the Constitution of India, to have his complaint properly investigated by the Investigating Agency. Whether the lacunaes in investigation kept by PSI Shri Pardeshi is intentional or unintentional is a secondary issue. The primary issue is to conduct investigation as per the provisions of law and without favoring the accused persons.

At this stage, learned APP submitted that, the Commissioner of Police, Thane, will file additional detailed Affidavit placing on record all the necessary and relevant facts.

3.1) At the request of learned APP, stand over to 19^th December 2025.

(RANJITSINHA RAJA BHONSALE, J. ) ( A.S. GADKARI, J. )

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