AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.81 OF 2009 IN CRIMINAL WRIT PETITION NO.81 OF 2008 Anandibai Pawanraje @ Bhupalsinha Nimbalkar ... Applicant Vs. The Senior Inspector, Kalamboli Police Station & Ors. ... Respondents Mr. Nitin Jamdar for the applicant. Ms. U.V. Kejariwal, A.P.P. for the State. Mr. R.F. Lambay with Mr. Ejaz Khan, Spl. P.Ps. for the CBI. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 22ND JUNE, 2009. P.C.:- 1. The applicant Anandibai Pawanraje Nimbalkar, the wife of late Mr. Pawanraje Nimbalkar, who was murdered on 3/6/2006 at Kalamboli Steel Market, near Bombay Pune Express Highway has filed this application seeking a direction to respondent 7 i.e. the Central Bureau of AJN 2 Investigation (for short, “the CBI”) to forthwith take charge of investigation into the offence registered with the Kalamboli Police Station, New Bombay vide C.R. No. 220 of 2006 preferably within a period of one week. The applicant has also sought a direction to the CBI to take all the necessary steps in accordance with law to conduct fair and impartial investigation within time bound programme and submit the periodical report regarding the progress in the investigation to this court. 2. The grievance of the applicant inter alia is that in Judgment and Order dated 23/10/2008 delivered in Writ Petition No.81 of 2008, a direction was given by this court to the Crime Branch, Navi Mumbai to forthwith hand over the investigation of C.R. No.22 of 2006 to the CBI. However, the said direction was not complied with. The present application came to be filed on 4/3/2009. After this application was filed, on 20/3/2009, the Crime Branch, Navi Mumbai, handed over the investigation to the CBI. Learned counsel for the applicant has made a grievance AJN 3 that though this court had directed the Crime Branch, Navi Mumbai to hand over the investigation to the CBI as far back as on 23/10/2008, till 20/3/2009, the investigation was not handed over. Learned counsel submitted that no explanation is offered by the State for this atrocious delay in handing over the investigation. Learned counsel further submitted that it is necessary to see what steps the CBI has taken to investigate the case. 3. Mr. Lambay, learned counsel for the CBI has submitted in the court status report dated 22/6/2009. We have carefully perused the said report and we are satisfied with the steps so far taken by the CBI. We have also made certain queries with Mr. Lambay which were satisfactorily answered by him. We feel that as of today the investigation is proceeding in the right direction. We hope and trust that the CBI will take the investigation to its logical conclusion. In our opinion, the investigation should be done in the light of the judgment of this court dated 23/10/2008 more particularly in the light of AJN 4 paragraph 18 thereof. Mr. Lambay has assured us that the CBI will do the needful and will give no scope for any grievance. 4. Mr. Lambay and Mr. Khan, who is assisting him have urged that the State of Maharashtra should be directed to give logistic and infrastructural support to the CBI for investigation of this case. Ms. Kejariwal, learned A.P.P. has assured the court that the State shall give all necessary assistance to the CBI. So far as the infrastructural support is concerned, the CBI may make a request in writing to the State. Ms. Kejariwal submitted that necessary assistance will be given after written request is received. So far as the grievance of learned counsel for the applicant that the Crime Branch did not hand over the investigation to the CBI forthwith as directed by this court is concerned, Ms. Kejariwal learned A.P.P. has submitted a report to us in which some explanation is given as regards delay. The said report is taken on record and marked “X”. AJN 5 5. Learned counsel for the applicant states that in view of the fact that the investigation is handed over to the CBI and it is in full swing and in view of the directions given by us to the State today, the applicant does not want to press the point regarding delay in handing over investigation to the CBI at this stage. In view of this statement, we refrain from making any observation on the aspect of alleged delay. It will be open to the applicant to raise this point at the appropriate stage. Contentions of both sides in this regard are kept open. 6. The application is disposed of in the aforestated terms. 7. All concerned to act on the authenticated copy of this order. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]