Vijayalaxmi Jayand Kumar vs State of Maharashtra and Ors. — Cheating and Forgery | Bombay HC (2025)

Vijayalaxmi Jayand Kumar vs State of Maharashtra and Ors. — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim directions only: the Deputy Commissioner of Police having jurisdiction over Bandra Police Station, Mumbai was directed to file his detailed reply to the Petition within two weeks, and the Petition was stood over to 23rd December, 2025. The question of transfer of investigation was not decided at this stage.

Issue for consideration

Whether the investigation of CR No. 329 of 2025 registered with Bandra Police Station should be transferred, given the Petitioner's grievances that the original document remains untraced and unproduced and that the investigation is being conducted in a lackadaisical manner. +1 more

Court's answer

In view of the grievances that the original document had been neither traced by the investigating agency nor produced by the accused, and that the investigation was lackadaisical, the Court deemed it appropriate to direct the Deputy Commissioner of Police having jurisdiction over Bandra Police Station, Mumbai to file his detailed reply to the Petition.

Ratio / Principle

The Court was unable to accept the submission seeking to justify the closure of the inquiry into the Registrar's complaint, since the complainant was not a private individual but a responsible Government Officer.

Key takeaways

The detailed reply of the Deputy Commissioner of Police was directed to be filed within a period of two weeks.ratio¶25
The Petition was stood over to 23rd December, 2025 for further consideration.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Writ Petition No. 4850 of 2025, decided 8 December 2025 (A.S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.) - Interim order in an informant's petition under Article 226 of the Constitution seeking transfer of investigation of CR No. 329 of 2025 (Bandra Police Station, Mumbai) under Sections 420, 465, 467, 471 read with 511 and 34 IPC. Background: by communication dated 12th February 2025 the Joint District Registrar, Class-2 (Records Department), Mumbai City requested MRA Marg Police Station to lodge a complaint against Mr. Chandrashekhar Reddy for preparing an alleged bogus/fabricated document with the aid of an original document in the Registrar of Assurances' record; the inquiry (conducted by PSI Anil Rathod, Registrar's statement recorded 12th March 2025) was closed on 17th February 2025; the Petitioner's application under Section 175(3) BNSS led to the Magistrate's order dated 21st February 2025 directing Bandra Police Station to register the offence, whereupon the present crime was registered. The Petitioner complained that the original document remained untraced/unproduced and that the investigation was lackadaisical. The Court declined to accept the closure justification (complainant being a responsible Government Officer) and, without deciding transfer, directed the Deputy Commissioner of Police (Bandra) to file a detailed reply within two weeks; matter stood over to 23rd December 2025.

KSG 4-WP-4850-2025.doc

KIRANSANJAYGHUGE Digitallysigned byKIRANSANJAYGHUGEDate:2025.12.1118:12:44+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 4850 OF 2025

Vijayalaxmi Jayand Kumar … Petitioner

V/s.

The State of Maharashtra & Ors … Respondents

Ms. Jessy Payne a/w Mr. Richard Payne i/b M/s.Payne & Associates for the Petitioner.

Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Mr. Vaibhav Deshpande, A.P.I. attached to Bandra Police Station, Mumbai.

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 8^th DECEMBER, 2025

P.C. :

By this Petition under Article 226 of the Constitution of India,

the Petitioner, informant is seeking transfer of investigation of CR No.329 of 2025, registered with Bandra Police Station, Mumbai, under Sections 420, 465, 467, 471 read with 511 and 34 of the Indian Penal Code, 1860.

On 24^th November 2025, during the course of arguments it was brought to our notice that, the Joint District Registrar, Class-2, (Records Department), Mumbai City by its communication dated 12^th February 2025, had requested the police Officer attached to MRA Marg Police Station, Mumbai to lodge a complaint against Mr. Chandrashekhar Reddy, as the said Authority noticed that, prima facie a bogus/fabricated document was

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KSG 4-WP-4850-2025.doc

prepared by the said person with the aid of an original document which was in the record of the Registrar of Assurances.

We had therefore directed the learned APP appearing in the Petition to take instructions from the concerned Police Station. Today we have been informed that, the said complaint was inquired into by the Police Officer attached to MRA Marg Police Station and it is closed.

3.1) We are unable to accept such a submission for the plain and simple reason that, the complainant was not a private individual but was a responsible Government Officer who had requested the Police Inspector attached to MRA Marg Police Station, Mumbai to lodge a complaint for fabricating documents presenting it with Government Authority or used it for a particular purpose. Record further indicates that, the Joint District Registrar of Assurances participated in the inquiry and her statement was recorded on 12^th March 2025. In her statement the Joint District Registrar, Class-2, (Records Department), Mumbai has stated that, the issue involved in said inquiry is already subjudiced, so also Police Sub Inspector Mr.Anil Rathod, has conducted inquiry into. The said inquiry was subsequently closed on 17^th February 2025. The Petitioner thereafter filed an Application under Section 175(3) of BNSS before the jurisdictional Magistrate. The learned Magistrate by its Order dated 21^st February 2025, has directed the Bandra Police Station, Bandra, Mumbai to register offence and investigate into. In this premise present crime is registered.

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KSG 4-WP-4850-2025.doc

In this background, it is the contention of the Petitioner that, the original document is not yet either traced out by the investigating agency or produced by the accused for fair and impartial investigation of the said crime. It is also the grievance of the Petitioner that, the investigation of present crime is being conducted in lackadaisical manner and therefore transfer of the said investigation is sought for.

In view of the above, we deem it appropriate to direct the Deputy Commissioner of Police having jurisdiction over Bandra Police Station Mumbai, to file his detailed reply to the Petition.

The said reply be filed within a period of two weeks from today.

Stand over to 23^rd December, 2025.

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

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