Rajendra Shakarrao Gaikwad v. The State Of Maharashtra

13-WP-2095-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2095 OF 2024 SATISH RAMCHANDRA SANGAR Rajendra Shakarrao Gaikwad

...Petitioner

SATISH RAMCHANDRA SANGAR Date: 2025.07.11 11:09:22 +0530 V/s.

The State of Maharashtra

...Respondent

***** Mr.Sujay H. Gangal a/w Mr.Harshal Mule and Mr.Swaraj M. Sawant:- Advocates for Petitioner.

Ms.Rashmi S. Tendulkar:- APP for Respondent - State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

8th JULY 2025 P. C. :- 1.

Heard learned Advocate Shri.Gangal for the PetitionerComplainant. 2.

The Investigating Officer in a private complaint has submitted a "B-Summary" Report to the Court of Judicial Magistrate First Class - Khandala. (Page No.111). It was in pursuance to the investigation under Section 156(3) of the Cr.P.C.

3.

Learned Magistrate as per the order dated 29th September 2022 (Page No.124) has asked the Superintendent of Police to appoint a competent Investigating Officer and at the same time, asked him to Satish Sangar 1/2

13-WP-2095-2024.doc inquire about the acts and omissions of API - Waikar. 4.

This order is challenged by the State and the Revisional Court - Wai has partly allowed it. The direction given to the Superintendent of Police to investigate by appointing an Officer is maintained. However, the order of conducting an inquiry about acts and omissions of the Investigating Officer is set aside.

5.

That part of the order is challenged by the Complainant. There is an objection that the State cannot file a Revision on behalf of the API - Waikar. There is also an objection that the Revisional Court ought not to have entertained the Revision in view of the bar under Section 397(2) of the Cr.P.C.

6.

Learned APP seeks time to take instructions.

7.

Stand over to 5th August 2025.

[S. M. MODAK, J.] Satish Sangar 2/2