1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 409 OF 2010 Deelip S/o Natthu Patil and another. ..PETITIONERS -VERSUS- The State of Maharashtra and others ..RESPONDENTS ......... Mr. P.C. Patel, advocate for the petitioners. Mr. V.D. Godbharale, A.P.P. for respondent nos.1 to 3. Mr. S.P. Brahme, advocate for respondent no.4. Mr. A.B. Kale, advocate for respondent no.5. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 21 st October, 2010. PER COURT : 1. By consent of the learned Advocates of the parties, the Petition is being disposed of finally, at the stage of admission, on the following terms : (i) The charge sheet filed in pursuance of the F.I.R. lodged by respondent no.4-Rajesh i.e. general power of attorney holder, to remain in abeyance for a period of six months. (ii) The remaining two F.I.Rs. to be clubbed together for the purpose of joint and common investigation/enquiry to be conducted by the Investigating Officer within a period of four 2 months thereafter, and he is at liberty to file final report under Section 173 or 169 of the Criminal Procedure Code, as the case may be, based on the material gathered during the course of investigation against the party found to be guilty of commission of any offence. He is at liberty to exonerate the petitioners or the respondent nos.4 and 5, if there is no material found and in such a case, he may file report under Section 169 of the Criminal Procedure Code. (iii) The subsequent charge sheet, if any, filed by the Investigating Officer shall be considered by the learned Magistrate for the purpose of simultaneous hearing of both the criminal cases and there shall be parallel trial so as to avoid conflict of decision. (iv) In the meanwhile, the petitioners shall appear before the Investigating Officer and actively cooperate during the course of investigation. They shall produce the documents as and when called and shall attend the police station on 1st and 3rd Sunday between 10 a.m. to 2 p.m. or as and when required by the Investigating Officer. They shall not avoid the interrogation and production of documents. (v) No coercive action shall be taken against them for a 3 period of six months. (vi) The F.I.R. filed by the petitioner no.2 shall be transferred to the P.S.O. at Sarangkheda Police Station vide `0’ (Zero) number for the purpose of common investigation as the property is situated at village Sarangkheda. 2. The Petition stands disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/criwp409.10