sat 1 wp 1635-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1635 OF 2011 Mrs.Kirti Jagdish Mulani ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents Mr.Sanjay Bhatia for the Petitioner. Dr.F.R. Shaikh, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 12, 2011 P.C. :- 1 We have heard the learned Counsel for the petitioner and admittedly, when the charge-sheet is filed on 7th March, 2009, the prayer for handing over the investigation to CBI does not survive. It would be appropriate for the concerned trial court to consider the issue of further investigation on an application, as and when submitted by the party concerned. 2 The learned Counsel for the petitioner sat 2 wp 1635-2011 submitted that an application has been filed in Criminal Complaint No.56/M/2007, Criminal Complaint No.100/PW/2009 and Criminal Complaint No.101/BA/2009 for cancellation of bail of accused no.1. 3 If such an application is pending, we direct the learned Additional Chief Metropolitan Magistrate, 40th Court, Girgaum, to decide the said application, on its own merits and including the issue, as to whether such an application is maintainable. The application be decided, preferably before 30th September, 2011. 4 Save and except the above directions, the petition stands rejected. 5 Let a copy of this order be forwarded to the learned Additional Chief Metropolitan Magistrate, 40th Court, Girgaum. (U.D. SALVI, J) (B.H. MARLAPALLE, J)