1 wp.579-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 579 OF 2011 Gerald Martin Coelho ..Petitioner. Vs. The State of Maharashtra & Ors. ..Respondents. ----- Petitioner in person. Mr. Y.S. Shinde, APP for the State. Mr. M.K. Kocharekar, for Respondent Nos.5 and 6. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. AUGUST 11, 2011. P.C.: 1. We have heard the petitioner party in person, and perused the affidavit in reply filed by Shri Rajan Chavan, A.P.I., attached to Anti Extortion Cell, Crime Branch, Navi Mumbai. 2. The petitioner’s nephew(sister’s son) Mark Pereira was employed as Radio Officer on board on foreign ships, and was married 2 wp.579-2011 sometimes in 1985. He used to reside in two-bed-room apartment at A/2, Trishul Mahakali Cave Road, Andheri (E), Mumbai with his wife and two sons. He was separated from his wife in the year 1988, and thereafter the wife and the two children migrated to Canada. Mark Pereira used to live alone, and since one bed room was spared, he had let it out to the paying guest to one Shri Domnic Das, and his friend Lucky Sharma was the second paying guest. Mark Pereira was Canadian citizen and both his sons used to visit him at Mumbai. On 29.7.2008, he died in his house. On 1.8.2008, the petitioner submitted a complaint to the Nagpada Police Station alleging that Mark Pereira died out of shock as the entire amount lying in his different bank accounts was withdrawn by Domnic Das. On the basis of the said complaint, CR no.279 of 2008 came to be registered on 9.8.2008, and for the offences punishable under Sections 420, 465, 467, 468, 471 and 109 of IPC against Mr. Domnic Das. The said CR was investigated into and a chargesheet was filed on 7.11.2008 on the basis of which a Criminal Case no.666/PW/2008 came to be registered with the 25th court of Metropolitan Magistrate, Mazgaon against the two accused. The affidavit-in-reply filed by Shri Rajan Chavan states that he was the Investigating Officer in CR no.279 of 2008, and during the course of the investigation the accused is found to have committed the offence of 3 wp.579-2011 cheating and forgery of the documents and misappropriated to himself, the amount of about Rs.92,49,900/- from the accounts of the deceased. The Investigating Officer has recorded the statements of various persons including the bank managers of ICICI Bank, State Bank of India, as well as Axix Bank where the deceased had his bank accounts. The Investigating Officer has also recorded the statements of the hotel manager of Crystal Hotel located at Mumbai Central and where Domnic Das stayed during the period from January 2008 to July, 2008 for a period of 56 days, and the statement of the owner of Hotel Silver at Pune, where Domnic Das stayed from September 2007 to August 2008 for a period of 100 days. 3. The petitioner has alleged that the investigation was done in a casual manner and vital documents were not acquired by the police, and the statements of some material witnesses were not recorded. The Investigating Officer is present before us, and Mr. Shinde, the learned APP has shown us the office copy of the chargeheet submitted. We have perused the same, and noted that the statements of all three bank accounts of the deceased as well as the bank accounts of the accused persons have been submitted alongwith the chargesheet. 4 wp.579-2011 4. We are, therefore, satisfied that there is no case made out to hand over the investigation to any other agency of the State Government at this stage, and in any case the petitioner is not prevented from submitting an application before the trial court for further investigation, if so required, and with additional material, as is available with the petitioner. 5. We are informed by the learned APP that such an application has already been filed, and the same is pending before the trial court. 6. Hence, the Petition is dismissed. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)