8w2392-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2392 OF 2009 Rauf Usman Mithaiwala. .. Petitioner. Vs. The State of Maharashtra and others. .. Respondents. .... Mr.S.M. Gorwadkar, Advocate i/b. Mr.Rohit Pawaskar, Advocate for the petitioner. Ms.Teja Katdare, Advocate for the respondent - BMC. Mrs.M.M. Deshmukh, A.P.P., for the State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 03rd MAY, 2010 P.C. 1. Heard learned Counsel for the petitioner, learned Counsel for respondent No.3 – Corporation and learned A.P.P. for the State. 2. By this writ petition, the petitioner is seeking transfer of investigation in C.R. No.3 of 2009 registered by Mahim police station to respondent No.2. Such a prayer in the writ petition is made contending that the police were not taking any action or supporting the Municipal Corporation for demolition of an unauthorized construction. On last occasion, a statement was made that the accused in the FIR had applied for regularization of 8w2392-09 2 the unauthorized construction. The petitioner has placed on record the letter dated 6.4.2010 issued by the Municipal Corporation stating that the request for regularization of the library building work has been rejected. Learned counsel for the Corporation, on instructions, submits that in view of the rejection of the request for regularization of the library building work they now proposed to initiate action against the unauthorized construction as per the provisions of the Maharashtra Regional Town Planning Act. In the circumstances we are not inclined to grant the prayer in the Petition. We are satisfied that the police cannot be blamed for the delay in further action after registration of the crime. Hence the Petition is disposed of. It is needless to state that if the Corporation seek police help for any action to be taken by them in accordance with the provisions of the M.R.T.P. Act, the concerned police station shall extend all help to the Corporation. We hope, the Investigating agency will now proceed to complete the investigation expeditiously. With these observations, Petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)