1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL W.P. NO.729 OF 2010. (SATISH MOHANLAL JAISWAL...VS..STATE OF MAHARASHTRA & 2 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B.B.Halmare, Advocate for Petitioner. Mrs. B.P. Maldhure, A.P.P. for Respondents/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : AUGUST 10, 2011. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent/ State. 2. The petitioner had filed complaint against one Dilip Deshmukh and others for the offences punishable under Sections 448, 461 and 380 r/w 34 of IPC at Mouda Police Station, District : Nagpur. On his complaint First Information Report No.32 of 2009 was registered on 24th February, 2009. After completion of investigation chargesheet has been filed against Dilip Deshmukh, Diwakar Deshmukh, Roshan Deshmukh, Pawan Deshmukh, Rahul Deshmukh, Narayan Deshmukh, Amit Deshmukh, Sachin Deshmukh, Yogesh Hatwar and Keshav Mankar. It appears from the chargesheet that accused Nos. 1 to 7 have been arrested and accused Nos. 8 and 10 are shown absconding. The allegations against the accused in brief are that on 28th January, 2009 they had committed criminal trespass at the premises belonging to the petitioner and had committed theft in respect of the building material, steel and fabricated window grills worth Rs.1,30,000/-. 3. It is alleged by the petitioner that though the chargesheet has been filed, the investigation has not been carried out properly. He prays that this Court may issue Writ of Mandamus 2 or any other suitable writ directing the respondents to carryout further investigation. It is further prayed that this Court may direct that the Investigating Officer and Police Station Officer, Mouda be punished for negligence and improper investigation. 4. During the course of hearing it was submitted by the learned Advocate for the petitioner that he may move the learned trial Court for seeking directions under Section 173(8) of the Code of Criminal Procedure for further investigation of the case. It was submitted that he might be permitted to withdraw the petition with liberty to move the trial Court under Section 173(8) of the Code of Criminal Procedure. Hence, we pass the following order. i) The petition is allowed to be withdrawn. ii) The petitioner is at liberty to move the trial Court under Section 173(8) of the Code of Criminal Procedure for further investigation of the case. iii) The trial Court shall decide the application on its own merits without being influenced by any observations made in this order. The petition stands disposed of accordingly. JUDGE JUDGE RR..