Vishwanath Shivaji Talavdekar vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Vishwanath Shivaji Talavdekar vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions only: Joint Commissioner of Police (Law and Order), Mumbai to personally file a detailed affidavit within one week, placing on record the legal provisions relied on and proposed action against Investigating Officer(s) if deliberate non-investigation is found; no ad-interim or interim relief granted to Petitioners; matter stood over to 6th August, 2025.

Issue for consideration

Why the investigation into C.R. No. 0666 of 2023 remains unconcluded and the charge-sheet unfiled for more than 21 months, with the prosecution attributing the non-conclusion to pendency of the present writ petitions. +2 more

Court's answer

The State's submission that investigation of the present crime is not being concluded due to pendency of the petitions is contrary to all fundamental principles of investigation and law of the land.

Ratio / Principle

It clearly gives an impression that Investigating Officers are either not serious in investigating crimes, or, with a view to shrug off lawful responsibility, are adopting sham and/or moonlight pleas (such as pendency of petitions or Consent Terms in anticipatory bail applications) before the Courts.

Key takeaways

This Court recorded that the record of the present case shocks its conscience.obiter¶1
The Court directed the Joint Commissioner of Police (Law and Order), Mumbai to file his detailed affidavit to the petitions.ratio¶3
The Joint Commissioner of Police (Law and Order) was directed not to delegate his powers to any subordinate officer while filing the reply.ratio

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), coram A.S. Gadkari and Rajesh S. Patil, JJ., 23-07-2025, in Criminal Writ Petition No. 3965 of 2023 (Vijay Vasant Rajpurkar v. State of Maharashtra & Ors.) alongwith Criminal Writ Petition No. 5112 of 2024 (Vishwanath Shivaji Talavdekar v. State of Maharashtra & Ors.). Taking note that C.R. No. 0666 of 2023, registered on 23-10-2023 with Goregaon Police Station, remained under investigation with the charge-sheet not filed for more than 21 months — the prosecution attributing the non-conclusion to pendency of these petitions — the Court held the State's submission contrary to all fundamental principles of investigation and law of the land, and observed that Investigating Officers appear to adopt sham and/or moonlight pleas (pendency of petitions; Consent Terms filed in anticipatory bail applications) to shrug off lawful responsibility. The Court directed the Joint Commissioner of Police (Law and Order), Mumbai, personally and without delegation, to file a detailed affidavit within one week setting out the provisions of law purportedly prohibiting investigation during pendency of petitions or upon filing of Consent Terms, and the action he would take against Investigating Officer(s) if deliberate non-investigation to help accused persons were found. No ad-interim or interim relief had been granted to the Petitioners. Matter stood over to 06-08-2025. No statute or precedent was cited in the order.

KVM 23 & 32 - WP 3965-23 & 5112-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 3965 OF 2023

Vijay Vasant Rajpurkar ...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

ALONGWITH

CRIMINAL WRIT PETITION NO. 5112 OF 2024

Vishwanath Shivaji Talavdekar ...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr. Rajesh Tekale for Petitioners in both Writ Petitions.

Mr. Vinod Chate, A.P.P. for Respondent No.1 – State in WP/3965/2023. Mr.Ashish I. Satpute, A.P.P. Respondent No.1 – State in WP/5112/2024.

Mr.Tahir Parande i/b. Mr.Devang Lakhotia for Respondent No.3 in WP/3965/2023.

Mr.Devang Lakhotia for Respondent No.3 in WP/5112/2024.

Mr.Satish Umare, PI, Goregaon Police Station, Mumbai present.

CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ. DATE : 23^rd JULY, 2025

P.C.:-

1. Record of present case shocks the conscience of this Court.

1.1) The crime in question i.e. C.R.No. 0666 of 2023 is registered

on 23^rd October, 2023, at 20:26 (8:26 p.m.) with Goregaon Police Station,

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KVM 23 & 32 - WP 3965-23 & 5112-24.doc

Mumbai.

1.2) Upon a query by the Court, learned A.P.P. on instructions from Mr.Umare, PI, the Investigating Officer submitted that, the investigation of the present crime is being conducted. However, due to the pendency of the present petitions, it is not concluded and as a consequence thereof, the charge-sheet is not filed till today in last more than 21 months.

1.3) The aforenoted submission on behalf of the State is contrary to all fundamental principles of investigation and law of the land.

Perusal of record further indicates that, though Writ Petition Nos. 3965 of 2023 and 5112 of 2024 are filed on 17^th November, 2023 and 10^th November, 2023 respectively, no ad-interim or interim relief of any nature is granted in favour of the Petitioners by this Court.

2.1) We are regularly coming across with such sort of pleas by the prosecution i.e. (i) petition is filed and therefore investigation is not been conducted, (ii) Consent Terms are filed before the trial Court in anticipatory bail application and therefore investigation is not conducted and such other palpably specious pleas. It clearly gives an impression that, Investigating Officers are either not serious in investigating the crimes or with a view to shrug of the lawful responsibility, are adopting such sham and/or moonlight pleas before the Courts.

In view thereof, we deem it appropriate to direct the Joint Commissioner of Police (Law and Order), Mumbai to file his detailed

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KVM 23 & 32 - WP 3965-23 & 5112-24.doc

Affidavit to the Petitions.

3.1) We direct the Joint Commissioner of Police (Law and Order), not to delegate its powers to any sub-ordinate Officer while filing the reply.

3.2) We direct the Joint Commissioner of Police (Law and Order) to place on record the provisions of law which prohibits the Investigating Officer from conducting lawful investigation only because the Petitions are filed in the Court or Consent Terms are filed before the trial Court at the stage of anticipatory bail application preferred by the accused persons.

3.3) The said affidavit be filed within a period of one week from today.

3.4) If the Joint Commissioner of Police (Law and Order), Mumbai comes to the conclusion that the Investigating Officer(s) have deliberately not conducted the investigation, only with a view to help the accused persons, then what necessary action he will adopt against the concerned shall be stated in the said affidavit.

Stand over to 6^th August, 2025.

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.)

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