1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 430 OF 2009 IN CRIMINAL WRIT PETITION NO. 2648 OF 2009 Mrs. Fatima wife of Firoz Ansari. ... ... ... Applicant. Versus The State of Maharashtra & Ors. ... ... ... Respondents. Mr. K. H. Giri for the Applicant. Dr. F. R. Shaikh, APP for the Respondent/State. Mr. Mobin Solkar for the Accused. CORAM : J. N. PATEL and A. A. SAYED, JJ. DATED : 30TH NOVEMBER,2009. P. C.: This application has been filed by the Applicant after this Court disposed of the Criminal Writ Petition No. 2648 of 2009 by order dated 10th November, 2009. 2. In her application it is submitted by the Applicant that the story of rape put forth by the prosecution is belied by the post mortem report of the deceased, husband of the Applicant, and the report of the Forensic Science Laboratories of the victim and therefore it is submitted that the Court should order investigation / re-investigation by some other investigating agency under the supervision of this 2 Court. 3. As per the charge sheet the alleged victim has been prosecuted for having committed the offence under Section 304 of the Indian Penal Code and she is not exonerated of the charge. It will not be proper for us to make any observation on merits of the case as it may cause prejudice not only to the complainant but also to the alleged victim who has allegedly been chargesheeted for committing culpable homicide not amounting to murder for having killed Firoz Ansari, the husband of the Applicant. In the given facts and circumstances, we do not think that it will be proper for this Court to direct further investigation or re-investigation into the case by transferring the investigation to some other agency as it will be open for the trial court to take a decision in the matter of the charge which is to be framed against the accused on the basis of the evidence on record or seek recourse to the provision of Section 216 of the Criminal Procedure Code, if such evidence comes on record during the trial. 4. With the aforesaid observations the application is rejected. Sd/- (J. N. PATEL, J.) Sd/- (A. A. SAYED, J.)