1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 304 OF 2009 Vimal Ashok Thakre & Ano. Vs. Incharge Police Station Officer Kotwali P. S. & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Anjan De. Adv. for petitioners. Shri Nitin Sambre G. P. for respondents 1 & 2. Shri S. B. Bangde Adv. For respondent No.3. CORAM: C. L. PANGARKAR J. Dated: 2 nd JUNE, 2009. Heard Shri De learned counsel for the petitioners and Shri Sambre learned Government Pleader for the respondents-State. Shri S. B. Bangde learned counsel appears for respondent No.3. Shri Sambre learned Government Pleader makes a statement before the Court and files a copy of the letter written by 2 Senior Police Inspector of Police, Police Station Kotwali, who is an Investigating Officer before the Court. The copy of the said letter clearly goes to show that an offence bearing No. 90 of 2009 has already been registered by the police under Section 302 read with Section 201 of Criminal Procedure Code. On question being put to the Government Pleader the learned Government Pleader submits that as yet an offence under section 376 has not been registered because of the fact that the concerned muddemal property has been sent for the purpose of analysis to the laboratory at Bombay. Report of the said analysis has not as yet been received and unless such report is received no further action with regard to registration of offence under Section 376 can be taken by the Investigating Agency. He submits that the contention of the learned counsel for the petitioners that a particular vehicle has not been seized by the police and why it was not seized by the police shall be explained by the Investigating Agency on filing a detailed reply in that regard. In the circumstances a week’s time is granted to the State to file a detailed reply in the matter. Matter shall thereafter be heard by the appropriate Bench. List the matter on 09.06.2009. In the meanwhile there should not be 3 any impediment for the Investigating Agency in proceeding with the investigation as far as offence under Section 302 and 201 is concerned. Steno copy of the order be supplied to the counsel for the parties. JUDGE svk 4 5 6