1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2563 OF 2009 Bhagwat Shivnath Giri & Anr. .. Petitioners. Vs. The State of Maharashtra & Ors. .. Respondents. Mr. Rahul Pandey i/by M/s. Pandey & Co. for the petitioners. Dr. F.R. Shaikh, APP., for respondent/State. CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 1ST DECEMBER, 2009. P.C. : Heard. 2. The learned APP., tenders the affidavit of Mr. Pradip G. Mane, Senior Inspector of Police, Nalasopara. The same is taken on record. We have gone through the affidavit. It is the grievance of the petitioners, that their deceased daughter Mamta was married to one Mr. Manoj Giri, was assaulted and kerosene was poured on her and she was set ablaze by her husband. It is the case of the petitioners that the 2 police are not investigating the matter properly and hence the investigation be transferred to DCB CID. 3. Per contra, the learned APP pointed out from the affidavit of the Senior Inspector of Police, Nalasopara Police Station, who is the investigating officer in the case and submitted that charge-sheet has already been filed for offences under sections 498-A, 323, 504 and 304-B read with 34 of IPC on 30.11.2009 before the learned Judicial Magistrate, First Class, Vasai, District Thane. The learned APP., has also handed across a copy of the charge-sheet which has been filed for our perusal. On going through the charge-sheet including the post mortem report, we are prima facie satisfied that the investigation has been done fairly. The learned counsel for the petitioner submitted that the case ought to have been registered under section 302 read with 32 of IPC. However, no material is brought on record in the petition to show that it was a case of murder as has been sought to be made out by the petitioners. 4. We, therefore, do not find any merits in the petition. The petition is, therefore, dismissed. ( J. N. Patel, J) (A.A. SAYED, J)