1 wp.883-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 883 OF 2011 Mrs. Charuben Kishor Mehta & Anr. ..Petitioners Vs. The State of Maharashtra & Anr. ..Respondents. ----- Mr. A.H.H. Ponda, with Mr. Ranjit Singh and Mr. Rizvi Nasari i/b M/s Thakore Jariwala & Associates, for the Petitiioners. Mrs. P.P. Shinde, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. JULY 18, 2011. P.C.: 1. Leave to amend. Amendment be carried out forthwith. 2. This Petition filed under Article 226 of the Constitution of India read with Section 482 of the Cr. P.C. prays for transfer of investigation in the CRs/FIRs to some other Police Officers other than Shri Dattatraya Shankar Patil, Police Inspector. It also prays for removing Shri Praksh George, ACP as the supervising 2 wp.883-2011 officer over these investigations. It is alleged that both these officers have been the beneficiaries of concession/exemption in the medical charges either for themselves or to their family members, and therefore, they have disqualified themselves to be the Investigating Officer to undertake an investigation in hand. 3. We have perused the affidavits of Shri Dattatraya Shankar Patil, Police Inspector, Bandra Police Station as well as Shri Prakash George, ACP presently attached to Armed Control Room at Parel. Mr. George in his affidavit stated that he had taken medical treatment at Lilavati hospital, and a bill of Rs. 1,04,455/- was raised by the said hospital. The affidavit of Shri Dattatray Patil states that his mother was admitted in Lilavati hospital during period from 3.12.2010 till 9.12.2010 for knee replacement surgery and the medical bill was raised for Rs.1,66,100/-. Both these officers were given concession initially, and they claimed that subsequently they have remitted the medical bills by cash. 4. By that as it may, the Dy. Commissioner of Police, Zone-IX, by his letter dated 14.7.2011, has suggested the names of some police officers/inspectors to be appointed as an Investigating Officer in place of Shri Dattatray Shankar Patil. We are also informed that Shri Vilas Marathe is the newly appointed ACP at Bandra Police Station. 3 wp.883-2011 5. We, therefore, direct that an ongoing investigation/further investigation in CR nos.397 and 626 of 2010 be handed over to Shri Baburao Tulshiram Mukhedkar, Police Inspector at Khar Police Station, from Shri Dattatray Shankar Patil. 6. So far as the CR no.36 of 2010 is concerned, we are informed that B- Summary report has been submitted, and if that be the case, the petitioner is entitled to have a copy of the same and take further steps to persuade the court below not to accept any report and order further investigation under Section 173(8) of the Cr. P.C., and also suggest that the further investigation to be handed over to Shri Baburao T. Mukhedkar. 7. So far as the supervision of the investigation is concerned, as noted earlier, Shri Vilas Marathe is the newly appointed ACP at Bandra Police Station, and we leave it to the choice of the Dy. Commissioner of Police, Zone-IX to appoint either Shri Vilas Marathe or another ACP from the Khar Police Station as the supervising officer. 8. The Petition is disposed in terms of the aforesaid directions. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.) 4 wp.883-2011