1 wp1004.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1004 OF 2011 Iqbal Ahmed Mohd. Haroon. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Mr. Sagar V. Kasar, advocate for petitioner. Mr.Y.S.Shinde, APP for State. CORAM:- P.V.HARDAS AND M.N.GILANI, JJ DATED:- APRIL 20, 2011 P.C. 1 This is a Petition under Article 226 of the Constitution of India by which the Petitioner has prayed for issuance of a Writ transferring investigation of Crime No.I-57/2001 from Azad Nagar Police Station, Malegaon, District-Nashik to the Central Bureau of Investigation or any other Competent Authority. The Petitioner has also prayed for issuance of a Writ directing the respondent no.2 i.e. P.I. of Azad Nagar Police Station, Malegaon to produce the investigation report of the above offence as mentioned by him in his reply at Exh. 16 in RCC No.43/2001. The Petitioner has further prayed for quashing and setting aside the impugned order dated 22/5/2003 passed by the Judicial Magistrate First 2 wp1004.11 Class, Malegaon and Order dated 16/7/2005 passed in Criminal Misc. Application No.371/2004. 2 It appears that the Petitioner had filed a complaint before the Judicial Magistrate First Class and the Judicial Magistrate by order passed under section 156(3) directed registration of the offence and also direct the police to investigate the said offence. Upon the report submitted by the concerned police station, the Judicial Magistrate First Class dismissed the complaint case filed by the Petitioner. The Petitioner being aggrieved by dismissal of the aforesaid complaint case, filed revision before the Sessions Court. Since the revision was belated, the Petitioner submitted the application seeking condonation of delay, which application came to be rejected by the Sessions Court. Undisputedly, the aforesaid order came to be passed on 16/7/2005. The Petitioner had not filed any proceedings for nearly six years challenging the aforesaid order of the Sessions Court dismissing his application declining to entertain the application for condonation of delay. In the present case, the Petitioner has challenged the aforesaid order of Sessions Court, which the Petitioner could have effectively challenged by availing remedies available to the Petitioner in law. In that light of the fact and the fact that the Petitioner has raised a belated challenge, we are not inclined to entertain the present petition in respect of aforesaid reliefs. Since 3 wp1004.11 the complaint case came to be dismissed by the JMFC and no investigation as such is pending we do not consider it appropriate to direct the transfer of the investigation from the local police to CBI. Further, we find that the relief which the Petitioner has prayed for regarding directing the concerned PI to produce report cannot be entertained. In that light of the matter, Petition is dismissed summarily. No order as to costs. (M.N.GILANI, J) (P.V.HARDAS, J)