1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.601 OF 2009 Mr.Nurul Hasan Khan .. Petitioner V/s The State of Maharashtra & Anr. .. Respondents Mr.Chandrakant Talekar for the petitioner. Mrs.M.M.Deshmukh, APP for the State. CORAM : P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 18TH JANUARY, 2010 P.C. : 1. By way of this petition, the petitioner is praying for appropriate directions to be issued under Article 226 of the Constitution of India to the Investigating Agency to investigate the case expeditiously and to take necessary steps in the matter including arrest of the accused and to submit a detailed report to the concerned Magistrate in connection with C.R.No.385 of 2008 registered with D.N.Nagar Police Station, Mumbai. 2. The petitioner is the original complainant who filed complaint before the concerned Magistrate in connection with the alleged incident. An affidavit has been filed by the Investigating Officer Mr.Arjun Ramkrishna Rajane, Assistant Police Inspector, Aray Police Station, Goregaon, Mumbai, wherein he has stated that the petitioner has filed complaint before the D.N.Nagar Police Station vide C.R.No.385/2008 u/s.326, 324, 504 read with 34 IPC against one Mohammed Ayub Abdul Jabbar Shaikh and Kanhayalal @ 2 Guddu Jagdish Singh. The Investigating Officer states that during the course of investigation the statements of three witnesses have been recorded. It is stated that due to union rivalry various complaints have been filed against each other by two groups. In paragraph no.14 of the affidavit it is stated that the case papers alongwith the report u/s.168 of the Code of Criminal Procedure have been submitted to the superior officers with the recommendations to grant permission to file final report in B summary in the 48th Court, Andheri (E), Mumbai. ‘ ’ 3. The learned counsel for the petitioner has submitted that the investigation is not properly carried out and the report prepared is not proper. However, in our view, in a writ petition under Article 226 of the Constitution, this Court cannot go into such questions at this stage. We may however direct the concerned Magistrate, in case the B summary ‘ ’ report is submitted before him, to hear the petitioner before passing the final order, since the petitioner is the original complainant. 4. It is not necessary to keep the writ petition pending. Even we cannot direct the police officers to carry out the investigation in a particular manner. We make it clear that if the petitioner has any grievance in connection with the report submitted by the Investigating Officer before the concerned Magistrate, it will be open to the petitioner to submit his say before the concerned Magistrate. We direct the Investigating agency to carry out the investigation expeditiously and whatever may be the outcome of the investigation, the same should be placed before the 3 concerned Magistrate without delay. If the report in the form of B ‘ ’ summary is submitted before the concerned Magistrate, the concerned Magistrate may give hearing to the petitioner before taking any final decision. Subject to the same, petition is rejected. (R.G.KETKAR, J.) (P.B.MAJMUDAR, J.)