spb/- 1 wp965-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 965 OF 2011 Bhagwandas Dharamdas Vazrani ... Petitioner . V/s. 1. M/s. Gancons & Ors. ... Respondents. --- Mr. Ram Upadhayay i/by Law Competere Consultus for the Petitioner. Mr. A.a.Khan i/by M. Tripathi & Co. for the Respondentd. Mr. P. A. Pol, PP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 18TH APRIL, 2011. PC: 1 This is a petition under Article 226 of the Constitution of India by which the petitioner prays for following reliefs : a. This Hon’ble Court be pleased to call for all the record and documents from the police as well as from the trial court so as to peruse the same and take appropriate decision in the matter. b. This Hon’ble Court be pleased to set aside the anticipatory bail granted through order dated 04.08.2010 by the Hon’ble Thane Sessions Court and subsequent bail granted pursuant to said Anticipatory Bail by the Police. spb/- 2 wp965-11.sxw c. This Hon’ble Court will be pleased to transfer investigation to some other competent police officers to conduct proper investigation by custodial interrogation of the respondent as well as other involved persons in the offence. d. This Hon’ble Court be pleased alternatively to direct the trial court thereafter to conduct trial on day to day basis for expedite judgment in the matter within the lifetime of the petitioner. 2 In respect of the prayer clause (b) to the petition, the aforesaid relief cannot be granted to the petitioner by this court in exercise of its writ jurisdiction. The petitioner had earlier filed a criminal application no. 3906 of 2010 and had prayed for similar relief for cancellation of anticipatory bail. Despite that application came to be dismissed by the learned single Judge of this court by order dated 29th September, 2010, there being no merit in respect of the relief which the petitioner has prayed for in terms of prayer clause (b) of the petition, this petition is therefore, required to be dismissed in respect of prayer clause (b). 3 In respect of prayer clause (c), the relief prayed is for directing the police officers to conduct proper investigation by custodial interrogation of the respondents. Since the charge-sheet has been filed, a custodial interrogation of the accused cannot be granted. In that light of the matter, there is no merit in the relief prayed at prayer clause (c) of the petition and the petition deserves to be dismissed in respect of the aforesaid prayer spb/- 3 wp965-11.sxw clause. 4 In respect of relief in terms of prayer clause (d) that is for expediting the hearing of the trial, we are informed that this trial is of the year 2010. The petitioner is a senior citizen and therefore, the petitioner may submit proper application to the trial court for expediting the hearing of the petition. 5 With the aforesaid observations, this petition is dismissed with no order as to costs. [M.N.GILANI,J.] [P.V. HARDAS, J.]