Rajesh Hiraman Lokhande v. State Of Maharashtra And ANR

Amk 58-wp 2379-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2379 OF 2025 Rajesh Hiraman Lokhande ... Petitioner Vs.

The State of Maharashtra & Anr.

... Respondents _______________________________ Mr. Prathamesh R. Salve a/w. Mr. Vipul D. Patil for the Petitioner. Smt. Mankuwar M. Deshmukh , APP a/w. Mr. Vinod Chate, APP for the Respondent-State.

_______________________________

CORAM

: A. S. GADKARI AND RANJITSINHA RAJA BHONSALE , JJ.

DATED : 12th NOVEMBER, 2025.

P. C. :- 1) By the present Petition under Article 226 of the Constitution of India, the first informant is seeking transfer of the said investigation to other agency and direction to reinvestigate the crime No. 159 of 2023 registered with Rabodi Police Station. Perusal of record indicates that, on 3rd May, 2024, the Deputy Commissioner of Police, Zone-I, Thane submitted a report to the Deputy Commissioner of Police, Crime Branch, Thane City. In the said report, the concerned Deputy Commissioner has stated that, the Investigating Officer i.e. P. S. I. Shri Yogesh Pardeshi has not diligently investigated the crime and deliberately kept approximately 21 lacunaes to assist and to benefit the accused persons in the crime. The 1/2

Amk 58-wp 2379-25.doc said clear finding is stated in penultimate paragraph of the Report. The Report dated 3rd April, 2025 is annexed at Page No.51 to the Petition. Mr. Salve, learned Advocate appearing for the Petitioner submitted that, while assisting the accused persons in the said crime, P. S. I. Shri Pardeshi has himself committed an offence under Sections 409, 166-A, 217, 218, 219, 221, 120-B read with Section 34 of the I. P. C. 2) We prima-facie find substance in the said submission. We, therefore, direct the Commissioner of Police, Thane to file his detailed reply to the Petition. The Commissioner of Police, Thane to state on Affidavit whether P. S. I. Shri Pardeshi is required to be made an accused in the present crime under the said sections in view of categorical report dated 3rd April, 2024 submitted by the Deputy Commissioner of Police, Zone-I, Thane City.

2.1) This being a serious case, we direct the Commissioner of Police, Thane not to delegate his powers to any subordinate Officer for filing the reply.

2.2) The said Affidavit be filed within a period of three weeks from today.

3) Stand over to 10th December, 2025.

(RANJITSINHA RAJA BHONSALE, J.) (A. S. GADKARI, J.) 2/2