1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.409 of 2011. Sheikh Rustam Sheikh Hussain ..vs.. The State of Mah. through its Secretary, Department of Home, Mantralaya, Mumbai and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. R.J.Mirza, Adv. for the petitioner. Mr. A.S.Fulzele, Addl.Public Prosecutor for the respondents. C ORAM : P.V.HARDS AND S.B.DESHMUKH, JJ. DATED : 18th AUGUST, 2011. 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for transfer of the investigation from Nagpuri Gate Police Station, Amravati to the State C.I.D. 2. It appears that offence vide Crime No.20 of 2011 has been registered against unknown person and subsequently the wife of deceased Sk.Chand was also arrested along with one Waris Baig, who is said to be paramour of wife of deceased. It further appears that deceased Sk.Chand performed a second marriage with the accused and consequently was residing with her. Dead body of 2 deceased Sk.Chand was noticed having sustained 98% burn injuries. The aforesaid injuries are said to be ante-mortem injuries. The petitioner, who is the brother of deceased Sk.Chand, upon being informed about the death of deceased, rushed to the house of deceased and had attempted to inform the police about the complicity of wife of deceased in the commission of the offence. However, initially an accidental death came to be registered vide A.D.No.2/11. Upon registration of accidental death, police officers of the Nagpuri Gate Police Station visited the scene of the offence and conducted the inquest panchanama of the dead body. Thereafter, the scene of the offence panchanama was performed and the dead body of deceased Sk.Chand was referred for post mortem examination. Post mortem came to be performed in the Government Hospital at Amravati and the Medical Officer performing the post mortem opined that the cause of death was due to 98% burns. The viscera was preserved and sent for chemical analysis as well as Histopathology examination. It is contended on behalf of the respondent that subsequently an offence under Section 302 of the Indian Penal Code came to be registered against the unknown person. During investigation statement of the relatives of deceased namely; the first wife of deceased, brothers of deceased and other relatives came to be recorded. A finger of suspicion was raised against the second wife of deceased namely the accused in the said crime. Consequently, she came to be arrested on 06/6/2011. In the affidavit-in-reply it is stated that the investigation is nearing completion and a charge sheet in this regard would be filed within the period provided under Section 167 of the Code of Criminal Code. 3 3. Learned counsel for the petitioner has urged before us that the investigation is completely lopsided and therefore the investigation needs to be transferred to the State C.I.D. It is urged before us; (i) that no scientific test had been performed to assess the truthfullness from the accused about the incident. (ii) it is urged that there is a abnormal delay in the registration of the offence and the investigation which is being carried out. (iii) It is also urged that the investigation is mala fide, as the Investigating Officer had registered an offence against the petitioner punishable under Section 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner was released on bail on 8th of July, 2011 in the aforesaid offence. 4. The learned Additional Public Prosecutor, in response to the submissions of the learned counsel for the petitioner, has urged before us that the investigation is being carried out diligently and despite slight delay in investigation, the investigation is nearing completion and accordingly a charge-sheet would be filed within the stipulated period. 5. We have examined the petition as well as the documents annexed to the petition. The aforesaid three grounds urged before us cannot be sufficient for transferring the investigation to the State C.I.D. According to us, no grounds are made out to such transfer. The investigation is proceeding and nearing completion. Having considered the various submissions advanced before us, we do not find, at this stage, that the investigation has been given a turn on account of the mala fide or the ill will which is harboured by the Investigating Officer. In such circumstances, we are not 4 inclined to interfere in this petition and consequently this petition is dismissed summarily with no order as to costs. JUDGE JUDGE. chute