1 324711 vgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3247 OF 2011 Naim Ebrahim Khan ...Petitioner V/s. The State of Maharashtra & Anr. ...Respondents Mr. Rizwan Merchant for the Petitioner Mr. P.A. Pol, P.P., for the State CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 21, 2011 P.C.:- The grievance of the petitioner against the Investigating Officer was considered by the superior Authority, and thereafter, the investigation was transferred to some other police officer. In that sense, the controversy brought before this Court does not survive for consideration. 2. The learned Public Prosecutor has also invited our attention to the fact that, in view of the allegations made against the then 2 324711 Investigating Officer, departmental enquiry was conducted by the A.C.P. and his opinion has been confirmed by the D.C.P. It is not necessary to examine the correctness of the said decision in the present proceedings. The petitioner is free to pursue remedy against the then Investigating Officer as may be permissible in law. The fact remains that the investigation has been entrusted to some other police officer, who has already completed the investigation, and proposes to file charge-sheet by tomorrow. 3. In view of the above assurance given by the learned Public Prosecutor, the apprehension expressed by the petitioner that, because of non-filing of charge-sheet within 90 days, the accused persons would be released on bail, is also addressed. As a result, no further issue is required to be examined. At the same time, we make it clear that, if the petitioner is not satisfied with the investigation already done by the present Investigating Officer, he is free to pursue his remedy before the concerned Court, including to ask for direction for further investigation, which application can be considered on its own merits. As of now, no grievance has been made by the petitioner against the present Investigating Officer. 4. Petition is, accordingly, disposed of on the above terms. 3 324711 R.G. KETKAR, J. A.M. KHANWILKAR, J.