1 2370.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2370 OF 2011 Ashok Baban Temkar ...Petitioner Versus State of Maharashtra & Ors. ...Respondents ...... Mr.Sandip Dere for Petitioner. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondent State. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 18, 2011. P.C. 1. The only surviving relief after amendment of the Petition is to issue directions for sending the disputed documents like the statement of the complainant and form of the F.I.R. to the handwriting expert. It is not in dispute that the investigation of the F.I.R. is complete and charge-sheet has already been filed. Even the charge has been framed. If it is so, the petitioner, in the first place, ought to have approached the Trial Court for issuance of directions as sought in the present Petition against the Investigating Officer. 2 2370.11 2. As regards the grievance of the petitioner that the Investigating Officer on his own ought to have forwarded the said documents to the handwriting expert, learned A.P.P. has invited our attention to the decision of the Additional Sessions Judge, Thane dated 19th May, 2009 below Exhibit 4 in Sessions Case No.404 of 2008, in particular, paragraph 9 thereof, wherein, it is recorded that the petitioner showed unwillingness to furnish the original certified copy of which, xerox copy was produced by him for the perusal of Police Officer. 3. Be that as it may, as aforesaid, the relief claimed in this Petition in the first place, ought to have been pursued before the Trial Court where the criminal case is still pending. In view of the aforesaid observation made by the Sessions Court, we fail to understand as to how the grievance of the petitioner against the Investigating Officer can be sustained. If the petitioner wanted the documents to be sent to the handwriting expert, should have produced the original or certified copy for the perusal of the Investigating Officer which she refused to do. 4. In the circumstances, this Petition is disposed of with liberty to the petitioner to seek relief of issuance of directions to the Investigating Officer 3 2370.11 to send the documents referred to by the petitioner in prayer clause (c) (which ought to be read as prayer clause (a) after amendment). That application will be decided by the Trial Court as expeditiously as possible and in any case, not later than six weeks from the date of its presentation. All questions in that behalf are left open. 5. Petition disposed of accordingly. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)