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february 2016

Supreme Court of India · 2016-02-10

Hamant Yashwant Dhage vs State Of Maharashtra & Ors

Citation / case number
AIR 2016 SUPREME COURT 814
Court
Supreme Court of India
Petitioner
Hamant Yashwant Dhage
Respondent
State Of Maharashtra & Ors
Author
Shiva Kirti Singh
Bench
Shiva Kirti Singh, M.Y. Eqbal

Judgment text excerpt

The Supreme Court held that the High Court's action in entertaining writ petitions for changing the investigating officer is not permissible, as it could overwhelm the judiciary with such petitions. The Court emphasized that complainants must utilize the alternative remedy under Section 156(3) of the Cr.P.C. for proper investigation and registration of FIRs. The Court set aside the High Court's judgment and directed the concerned Magistrate to ensure a thorough investigation, allowing for recommendations on changing the investigating officer if necessary, thereby allowing the appeals.

Hamant Yashwant Dhage vs State Of Maharashtra & Ors · Niyam