1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.406 OF 2011 (Mr. Ravishkumar Chandrakumar Chauriya ..vs.. State of Maharashtra, through Secretary, Home Department, Mantralaya, Mumbai and others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri N.D. Khamborkar, Advocate for the petitioner, Shri N.S. Khubalkar, Addl. P.P. for the respondents-State. C ORAM : P.V. HARDAS AND S.B.DESHMUKH, JJ. DATED : 07-09-2011 This petition has been filed by the original complainant, who prays for issuance of a writ for directing the respondents to handover investigation of Crime No.100/2011 registered by the Jaripatka Police Station and Crime No.84/2011 registered by the Tahsil Police Station to the C.B.I. or the C.I.D. Department. 2. According to the petitioner, he was placed in possession of the property situated at Mouza-Nari, pursuant to an agreement of sale with one Laxman Ghanshyam Mundhada. According to the petitioner, a false and fabricated sale-deed was executed by said Shri Ghanshyam Mundhada, by which the property was declared to be belonging to Hariom Co-operative Housing Society as void. Special civil suit also appears to have been filed by Laxman Ghanshyam Mundhada, 2 which was dismissed in default. According to the petitioner, on 31-3-2011 he was forcibly taken from his office by two persons to the house of said Shri Mundhada and by brandishing a gun was asked to pay ransom. The petitioner managed to extract himself and lodged a complaint with the police. On the basis of the said complaint of the petitioner, it appears that offence punishable under Sections 364(A), 384, 511, 294, 506(b), 341, 347, 143 and 148 have been registered. According to the petitioner, the aforesaid crime needs to be transferred to the C.B.I. or the C.I.D. as the police have not conducted an investigation fairly. 3. The grounds raised by the petitioner is that since the name of one Boby Nair transpired during the interrogation, he ought to have been made as an accused and that the gun seized by the respondent is not the same gun, which was brandished at the petitioner. 4. A notice being issued to the respondents. The respondents have filed their affidavit-in-reply and in the affidavit-in-reply, the respondents have stated that pursuant to the report of the petitioner dated 29-3-2011, an offence vide Crime No.100/2011 came to be registered by the Jaripatka Police Station, under Sections 395, 504 and 506 of the Indian Penal Code. The affidavit-in-reply discloses that statement of 41 witnesses have been recorded and since nothing incriminating was discovered against the accused, the accused have not 3 been arrested for the said crime so far. In respect of the name of Boby Nair, it was stated that the petitioner had not disclosed his name. The petitioner had named another accused as Gurendrasing Nair and the investigation in that respect is going on. 5. In another affidavit-in-reply, it is stated that pursuant to the report of the petitioner, an offence vide Crime No.84/11 has been registered and 13 persons have been made as an accused in the said crime. The investigation in the said crime has been completed and a charge-sheet has been filed in the Court of Judicial Magistrate First Class, Nagpur on 01-6-2011 bearing Criminal Case No.1460/2011. It is also stated that the petitioner had not disclosed the name of Boby Nair and on enquiry the police have not noticed involvement of Boby Nair in the said crime. It is stated that gun has been recovered pursuant to the statement under Section 27 of the Indian Evidence Act, which is the gun used by the accused in the commission of the crime. 6. We have perused the grounds urged in the petition seeking transfer of investigation and we do not find any merit in the same and consequently this petition is dismissed with no orders as to costs. JUDGE JUDGE pma