1 wp361610 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3616 OF 2010 Kiran Shabaji Kale & Anr. ...Petitioners VERSUS The State of Maharashtra & Ors. ...Respondents Mr. Kamlesh Misra for the Petitioners Mr. D.P. Adsule, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 7TH JANUARY, 2011 P.C.:- By this petition, two-fold relief is claimed. In the first place, direction is sought that the investigation in respect of F.I.R. No.I-259 of 2010 dated 6th October, 2010 lodged at Kharghar Police Station, Navi Mumbai, should be transferred to independent agency such as State C.I.D. It is not in dispute that the petitioners have been named as accused in the said F.I.R. We are afraid, relief as claimed by the petitioners in connection with this F.I.R. cannot be countenanced. The accused cannot come to the Court and assert that the investigation should be handed over to agency of his choice. Besides, we have been informed by the learned A.P.P. that the investigation of the said case is 2 wp361610 already completed, and the Investigating Officer has filed police report - charge-sheet under Section 173(2) of the Code of Criminal Procedure before the concerned Court on 31st December, 2010. The counsel for the petitioners submits that he has no knowledge that such charge-sheet has been filed. Taking any view of the matter, the relief as claimed in terms of prayer clauses (a) and (b) cannot be entertained. 2. Insofar as prayer clause (c) is concerned, the grievance of the petitioners is that they have filed cross complaint, and no steps are being taken by the local police in connection with the said complaint vide letter dated 4th December, 2010. 3. The learned A.P.P., on instructions of the Investigating Officer, states that if the petitioners present themselves in the police station and give their statement, and if it discloses cognizable offence, F.I.R. would be registered and proceeded in accordance with law. 4. In view of the said assurance, nothing survives for consideration in this petition. The same is disposed of. A.R. JOSHI, J. A.M. KHANWILKAR, J.