S IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION (ST) NO. 3653 OF 2025

1. Hardik Patil Age : 21 years, Occupation : Education R/at: House No. 1924, Durgadevipada, Near Dharmaji Kiara Stores, Old Ambernath Village, Taluka- Ambernath, District- Thane. … Petitioner V/s.

1. The State of Maharashtra (Through Police Station, Shivajinagar, Ambernath, Thane

2. Suraj Vilas Patil Age : 27 Years, Occupation : Unknown, R/o. Old Ambernath, Durgapada, Near Datta Mandir, Ambernath East.

3. Harsh Sunil Patil Age : 22 Years, Occupation : Unknown, R/o. Old Ambernath, Durgapada, Near Datta Mandir, Ambernath East. … Respondents ______________________

Mr. Yash Dewal for Petitioner.

Mr. Vinod Chate, A.P.P. for Respondent No.1 -State.

______________________

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

DATE : 22nd DECEMBER 2025 JUDGMENT [Per: RANJITSINHA RAJA BHONSALE, J] :-

1) By the present Petition, under Article 226 of the Constitution of India, the Petitioner seeks a direction to transfer the investigation of F.I.R. No. 0872/2024, dated 23^rd October 2024, registered with the Shivajinagar Police Station, Ambernath, Dist. Thane, to the Central Bureau of Investigation (CBI).

In the alternative, the Petitioner seeks direction that a Special Investigation Team (SIT) be constituted to investigate the said C.R. No. 0872 of 2024.

2) Heard Mr. Yash Deval for the Petitioner, Mr. Vinod Chate, A.P.P for Respondent No.1-State. Perused the record.

3) Petitioner, the informant in the FIR No. 0872 of 2024, dated 23^rd October 2024, registered with the Shivajinagar Police Station, Ambernath, Thane, is the son of the deceased Mr. Sanjay Shriram Patil. The grievance of the Petitioner is that, the crime pertaining to the murder of his father i.e Mr. Sanjay Shriram Patil has not been investigated properly and in the right perspective. That, all the persons involved in the murder and conspiracy to commit the murder of his father have not been made accused in the said crime. That, the important and relevant facts, which point out to the guilt and involvement of certain named individuals in the murder of the deceased namely Mr. Sanjay Shriram Patil, have not even been considered and investigated into and the role of the said persons has not been examined by the investigating Agency. That, important and crucial evidence, though pointed out by the Petitioner and his family members has not been considered and or collected.

4) Facts germane to the present matter can be summarized as under:

4.1) The FIR is lodged by the Petitioner, the son of the deceased. In the FIR, it is stated by the Petitioner that, about 19 years ago Mr. Sanjay Shriram Patil, the Petitioner’s father purchased 5 acres land in the MIDC at Ambernath, from one Shantaram Patil. That, the said Shantaram Patil subsequently sold the said land to third person due to which there were disputes between the father of the Petitioner and Shantaram Patil, Vilas Patil, Suraj Vilas Patil and Harsh Sunil Patil. On 22^nd October 2024, at about 07.00 pm, when the Petitioner and his sister were on the way to their residence, Harsh Sunil Patil crossed them on a scooter at Kailas colony area and was looking at the Petitioner in anger. That, on reaching home, the Petitioner and his sister noticed that the Petitioner’s father (deceased) was at home and was talking to somebody on the phone. At about 07.30 pm, Petitioner’s father told them that he is going to meet Gholap Saheb and went for the said meeting in his car No.

MH-05.FB-1041.

4.2) That, at around 08.00 pm, the Petitioner had returned home after making certain inquiries from the Align Fitness Gym. At that time, the Petitioner’s father had not yet returned home. That, at about 10.30 pm, the Petitioner’s friend Ganesh Bhopi called the Petitioner on the mobile and told him that the Petitioner’s father has been assaulted near May Flower Garden Building, on the footpath on the road leading to Shiv Mandir, Ambernath, East, and had