1 S IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3236/2009 Balaram Govind Gaikwad Petitioner Vs. State of Maharashtra & Anr. Respondents Mr.Karan Bhosale i/b S.Mukri h/f O.A.Siddiqui for petitioner Mr.J.P.Yagnik,APP for State CORAM : B.H. MARLAPALLE & MRS.MRIDULA BHATKAR,JJ. DATE : 28th th April, 2010. P.C. . Heard Mr.Bhosale with Mr.Siddiqui ,learned counsel for the petitioner and Mr.Yagnik,learned APP appearing for the respondents. 2] The petitioner had filed Criminal Writ Petition No.2250/2009 which came to be disposed on 23rd September, 2009 by directing the concerned Magistrate to issue warrants of arrest against all the absconding accused and to ensure that all the necessary steps were taken to execute the warrants immediately. The learned A.P.P.states that the absconding accused were arrested and the supplementary chargesheet was filed on 3/11/2009. It is also pointed out that when Criminal Writ 2 Petition 2250/2009 was disposed of on 23/9/2009 the chargesheet was already filed on 27/8/2009. We have been shown a copy of the supplementary chargesheet against the absconding accused including the Corporator whose name appears as an accused in the said chargesheet. 3] It was submitted by the learned counsel for the petitioner that the investigation was not carried out properly and despite the witnesses wanting to come forward and depose against the accused, their statements were not recorded and,therefore, it was a halfhearted investigation. 4] It is not disputed that the petitioner- complainant, as well as some injured persons are the eye witnesses and if the trial Court is satisfied that further investigation is required to be undertaken in Sessions Case No.196/2009, it has the powers to do so under section 173(8) of the Criminal Procedure Code. Hence there is no case to direct the Crime Branch to undertake further investigation in 3 C.R.No.100/2009 at this stage and we make it clear that this order would in no way affect the trial Court’s powers under section 173(8) or section 311 of the Code of Criminal Procedure. Hence the petition is rejected summarily. (MRS.MRIDULA BHATKAR, J.) (B.H. MARLAPALLE, J.)