Ladda 1 appln-4135-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 4135 of 2010 Ms Abhilasha Ankit Sharma .. .. Applicant. versus The State of Maharashtra and another .. .. Respondents. ...... Mr A.H.H. Ponda, Advocate for the Applicant. Mr Rajat Sharma i/by Mallika Ingale, Advocate for Respondent No.2. Mr J.P. Kharge, A.P.P. for the State. CORAM: A.R.JOSHI, J. DATED:- 26th April, 2011. P.C. 1. Heard rival submissions on this application preferred by the original accused challenging the order passed by Trial Magistrate which is dated 23.8.2010 directing the police to carry out further investigation in the light of the observations made in the said order. On the previous date, it was submitted on behalf of the State that at the time of filing of the charge sheet, it was specifically mentioned that further investigation in the matter is still going on certain aspects as detailed in the charge- Ladda 2 appln-4135-10.doc sheet. On such submission, directions were given to the State to file the affidavit of the concerned Officer. Accordingly, detail affidavit along with the annexures is filed on 25.3.2011, in which it is specifically mentioned that at the time of filing of the charge sheet against the applicant-accused, investigation was still going on. Though it is the fact brought to the notice of this Court by way of affidavit, when the application was made by the original complainant in pending case No. CC/582/PW/2010 for directions to the police to further investigate the matter as per the provisions of Section 173 (8) of the Code of Criminal Procedure, Say was filed by the Investigating Agency mentioning therein that appropriate orders may be passed by the Court. In the said Say which was filed on 30th June, 2010, there was no specific mention that at the time of filing of the charge sheet, it was made known to the Court that further investigation was still going on. 2. Now, it is the submission on behalf of the applicant - accused that if the police have already started further investigation inspite of filing the charge sheet, as mentioned above, there cannot be any objection for such course legally open to the Investigating Agency. However, the order, which is impugned in the present application, can not sustain for the reason that there was no necessity for the concerned Magistrate to give such directions for further investigation mainly considering that Ladda 3 appln-4135-10.doc according to the investigating agency the further investigation was already going on inspite of filing of the charge sheet. 3. Considering the above factual position and considering the submission on behalf of the applicant-accused present application is disposed of with the directions to the Investigating Agency to continue with the further investigation as already mentioned in the charge sheet which is earlier filed and such investigation to be continued uninfluenced by any of the observations in the impugned order. Needless to mention that the Investigating Agency can have the investigation on all the aspects as may be permissible under the provisions of law. With these directions present application is disposed of. 4. All interim orders, if any, to come to an end. (A.R.JOSHI, J.)