1 wp-2313-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2313 OF 2010 Kshamanand Pirgonda Patil ...Petitioner. Versus The State of Maharashtra ...Respondent. ...... Shri Kedar Patil, Advocate for the Petitioner. Shri A. S. Gadkari, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 4th February, 2011. P.C. 1. The relief claimed in this petition is to transfer the investigation, in respect of C.R.No.35 of 2010 registered at Kurundwad Police Station, District Kolhapur, to some other independent agency, like CBI. The learned A.P.P.,on instructions, states that the investigation is complete and charge-sheet has already been filed before the concerned Court on 27.8.2010. If so, we would dispose of this petition with liberty to the petitioner to pursue his remedy before the concerned Court. It will be 2 wp-2313-10 open to the petitioner to bring it to the notice of the concerned Court the information which was disclosed by the petitioner or any other witness to the I.O. but which does not form part of the charge-sheet. In other words, it will be open to the petitioner to furnish list of witnesses, who according to him ought to have been examined by the Investigating Officer and whose statements ought to have been made part of charge- sheet. It would be also open to the petitioner to furnish list of other material which he feels has not been looked into by the Investigating Officer. 2. As a matter of fact, the Investigating Officer, who is present in the Court, submits that if the petitioner were to bring the above position to his notice, in the first place, he would himself examine the same and if the evidence or material were to be relevant for the out-come of the case, would include the same and place it before the concerned court by way of supplementary report under section 173 (8) of the Code. 3. If the petitioner is eventually content with the intervention of the Investigating Officer, the grievance of the petitioner to hand over the investigation to independent agency may not survive. However, if the petitioner is dissatisfied even after the Investigating Officer has taken corrective measures, will be free to approach this Court for relief of transfer of further investigation. That question is kept open which will 3 wp-2313-10 be decided on its own merits, if and when occasion arises. 4. Accordingly, this petition is disposed with liberty to the petitioner to pursue the above remedy, if so advised. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)