Dixit 1 WP-2874-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2874 OF 2011 Ramdas Tulsiram Parde ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr. Nitin Sejpal for the Petitioner. Mrs. Aruna Pai, A.P.P., for the Respondent-State. PSI Rajendra Gaikwad, attached to Ghatkopar Police Station, is present in person. CORAM : A.M. KHANWILKAR & R.G. KETKAR, JJ. DATE : 17 TH NOVEMBER, 2011. P.C. : 1. The learned A.P.P. for the Respondent-State, on instructions, states that the investigation in relation to F.I.R. No.363 of 2011 registered with Ghatkopar Police Station, Mumbai, is completed and the Investigating Officer is in the process of filing Police Report under Section 173 of the Code before the appropriate Court. In that case, in our opinion, it will be open to the Petitioner to persuade the concerned Court to alter the offence to one under Section 307 of the IPC, if there is material to substantiate that position. 2. In the circumstances, the relief in terms of prayer clause (a) need not be considered in the present Petition at this stage. All contentions raised by the Dixit 2 WP-2874-11 Petitioner in that behalf are left open, to be examined in appropriate proceedings on its own merits. 3. As regards prayer clause (b), if the Petitioner is satisfied with the material already collected by the Investigating Officer during the course of investigation, which obviously will form part of the Charge-Sheet, to be filed before the concerned Court, it may not be necessary to consider the request of transfer of investigation to some other Investigating Agency at all. However, if after going through the Charge-Sheet, the Petitioner is of the opinion that investigation has not been properly done, there will be two options available to the Petitioner. The first is, to persuade the concerned Court for issuing appropriate directions including of further investigation, if required. The other option is to move this Court for appropriate relief including to issue directions to the Respondents to transfer the investigation to an independent agency, who would undertake further investigation and/or fresh investigation, as may be necessary in the fact situation of the case. Those questions can be considered at the appropriate stage. 4. In the circumstances, the Petition is disposed of in above terms. [R.G. KETKAR, J.] [A.M. KHANWILKAR, J.]