16a. wp 3509-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3509 OF 2010 Smt. Rekha Sheshrao Pawar .. Petitioner Vs State of Maharashtra & Ors .. Respondents Mr. Sandeep Singh for the Petitioner Mr. M.K. Kocharekar for the Interveners Mr. Y.S. Shinde, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 17th MARCH, 2011. ORAL JUDGMENT (per HARDAS, J): 1. Heard the learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission. 3. This petition under Article 226 of the Constitution of India, at the behest of the complainant in Crime No. 58 of 2010, seeks issuance of writ of mandamus directing the respondents to alter the offence to one under Section 307 of the IPC in the crime which is registered by the Airport Police Station pursuant 1 16a. wp 3509-10.doc to the complaint lodged by the petitioner. The petitioner also prays that necessary directions be issued for transfer of investigation to D.C.B., C.I.D., Mumbai. 4. A reference at this juncture may usefully be made to the order of this Court dated 15th December 2010. This Court by way of an ad-interim order directed that the investigation be entrusted to the officer not below the rank of Assistant Commissioner of Police of Vakola Division. Accordingly, we are now informed that the investigation has been entrusted to the Assistant Commissioner of Police who is investigating the said crime. In the order of this Court dated 18th February 2011, inadvertently, it is stated that the offence has now been altered to one punishable under Section 302 of the IPC instead of the one punishable under Section 307 of the IPC. Undisputedly, the case of the petitioner is that the offence punishable under Section 307 of IPC has been committed. 5. Be that as it may, the learned APP states on instructions that the Assistant Commissioner of Police, who was entrusted with the investigation, has virtually completed the investigation and a charge sheet in this behalf would be filed within two weeks from today. We accept the aforesaid statement and in the light of the fact that the investigation has now been entrusted to the Assistant Commissioner of Police and the offence has now been 2 16a. wp 3509-10.doc altered to one punishable under Section 307 of IPC, according to us, nothing further survives for consideration. In that light of the matter, we make the rule absolute in terms of the order of this Court dated 15th December 2010 and accept the submissions of the learned APP that the charge sheet would be presented within two weeks from today. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 3 16a. wp 3509-10.doc 4