1 cr-wp-561-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 561 OF 2011 Anthony Pereira ] Age 50 years, ] Occ: Service, Residing at Estandre Apts. ] 1st floor, Flat no.4, St. John Baptist Road ] Near Mount Mary Steps ] Bandra, Mumbai 400 050 ] And Presently Residing at ] Sun Breeze Apartments, ] Tower 1, Flat no. 1106 ] Sector no.5, Vaishali, Plot no.3 ] Ghaziabad, Uttar Pradesh-201010 ]..Petitioner Vs. 1 The State of Maharashtra ] (Through The Commissioner ] of Police Pune) ] ] 2 The Senior Inspector of Police, ] Bund Garden Police Station, ] Pune ] ] 3 Alka Gandhi ] Age 45 years, Residing at ] Popular Heights 2 D2, Flat No.2 ] Near Burning Ghat, Bund ] Garden, Pune 411 001 ] ] 4 Patrica Maria Philips ] Age Adult, ] Residing at Popular Heights 2 ] D2 Flat No.2, ] Near Burning Ghat, Bund ] Garden, Pune 411 001 ]..Respondents 2 cr-wp-561-11 .... Mr. Satyavrat Joshi Advocate for Petitioner Mr. J.P.Yagnik A.P.P. for the State Mr. S.S.Thombare Advocate for respondents 3 and 4 .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 26, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.]: 1 Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission. 2 At the outset learned Counsel for the petitioner states on instructions that petitioner does not press for the relief at prayer clauses (b) and (c) to the petition. This petition therefore stands dismissed as not pressed in respect of the reliefs at prayer clauses (b) and (c) to the petition. Learned Counsel for the petitioner further states on instructions that the petitioner does not press for the reliefs at prayer clause (d) to the petition for the present but prays for liberty to file appropriate proceedings including a writ petition subsequently in the event the petitioner feels that the investigation is being carried out in a tainted manner. We accordingly 3 cr-wp-561-11 dismiss this petition in respect of prayer clause (d) to the petition as not pressed with liberty as prayed for by the petitioner. 3 The petitioner has prayed for modification/quashing part of the order passed by the Judicial Magistrate F.C. Court No.3, Pune, dated 29.1.2011 in which the trial Court had directed the Investigating Officer to observe the guidelines given in `Jagannath Singh Vs. Dr. Ajay Upadhyaya 2006 (2) B.C.R. 636'. Learned Counsel for the parties very fairly agree that the ratio laid down in `Jagannath Singh Vs. Dr. Ajay Upadhaya 2006 (2) B.C.R. 636' is no longer a good law in the light of the Full Bench decision of this Court in `Laxminarayan Vishwanath Arya Vs. State of Maharashtra and others 2008 Cri. L.J. page 1'. Learned Counsel for the parties very fairly state that in the light of the judgment of the Full Bench holding that the ratio laid down in `Jagannath Singh Vs. Dr. Ajay Upadhyaya 2006 (2) B.C.R. 636' is no longer a good law, the direction of the trial Court at Sr. No. 2 in the operative part of the order deserves to be quashed and set aside. 4 In the light of the matter therefore this petition is allowed in terms of prayer clause (a) to the extent of quashing of direction at Sr. No. 2 in the operative part of the order of the Judicial Magistrate F.C. Court No. 3, Pune, dated 29.1.2011, in R.C.C. No. 244 of 2011 by which the trial 4 cr-wp-561-11 Court had directed the Investigating Officer to observe the guidelines given in `Jagannath Singh Vs. Dr. Ajay Upadhaya 2006 (2) B.C.R. 636'. 5 Rule is therefore made absolute on the above terms with no order as to costs. 6 Copy of this order duly authenticated be provided to the parties to act upon. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]