((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1372 OF 2008 Champaklal K. Dave Applicant versus State of Maharashtra Respondent Mr.C.K.Dave, applicant in person present. Mrs.S.D.Shinde, APP present. CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 21st August 2008 PC : 1. This case is filed by the petitioner challenging the order of the Additional Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai. He further seeks a direction that the complaint and the protest petition filed by the petitioner before the 40th Court be transferred to the Additional Director General of Police, State CID, Pune for proper investigation. 2. It appears that the petitioner filed a complaint before the Magistrate which was referred for investigation to the Police. The ((-2-)) Police found no criminal case and submitted a report. The petitioner filed a protest petition. The Magistrate did not agree with him. Thereafter, he filed a revision before the Sessions Judge. The Sessions Judge remanded the matter to the Metropolitan Magistrate. The Magistrate thereafter referred the matter to Senior Police Inspector, Malbar Hill Police Station and directed him to depute some senior officer to investigate the case. This order was again taken in revision and the revision has now been dismissed by an order dated 12th February 2008. 3. The Revisional Authority was of the view that transferring the case and ordering investigation of the case was beyond his jurisdiction. He referred to a judgement of this Court to hold that the Magistrate did not enjoy any jurisdiction under the Cr.P.C. to refer a matter for investigation by CBI.. 4. Since the matter has now been remanded for investigation, we do not feel that at this stage there is any case made out for transfer of the investigation. ((-3-)) 5. For these reasons we do not find merit in the petition. It is accordingly dismissed. However, dismissal of this petition should not be taken as an expression of opinion about the merits of the case. (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)