1 CRI.WP625/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.625/2010 Sudhakar s/o Nilaya Suvarna - PETITIONER VERSUS 1) The State of Maharashtra and ors. - RESPONDENTS ***** Mr.BR Kedar, Advocate for Petitioner; Mr.PP More, APP for Respondents. ----- CORAM : K.U.CHANDIWAL, J. DATE : 20th June, 2011. PER COURT : 1) Heard finally. 2) In a pending Sessions Case, complainant moved for further investigation, vide application below Exhibit-83. Prayer reads that the investigation be entrusted to State CID or Commissioner of Police, Aurangabad, be directed to entrust the investigation to a police officer of the rank of Assistant Police Commissioner or other competent officer and whatever evidence collected during the investigation be placed before the Court. 2 CRI.WP625/2010 3) Based on such application of the complainant, order below Exhibit-83 was recorded by the learned Judge on 1st December, 2009, directing the Commissioner as under, - "(A)................................. (B) Commissioner, CID, Aurangabad hereby directed for conducting further investigation in the present case through competent officer. The State shall provide all requisite documents to the Commissioner of C.I.D. Aurangabad. (C) Commissioner of C.I.D., Aurangabad is directed to submit his report of further investigation within two months from the date of receipt of this order." 4) Since the order was communicated to the concerned Police, The Superintendent of Police (State CID, Aurangabad), by application Exhibit-103 approached the Sessins Court and informed that the order needs to be corrected, as no direction of investigation had been given by the Court to State CID, Aurangabad. The State CID also relied on certain decisions of Hon'ble Supreme Court to contend that no such directions can be given. 5) After hearing both the sides, and particularly perusal of the reply from the complainant, the learned Sessions Judge corrected the order, which reads as under, - 3 CRI.WP625/2010 "Commissioner of Police, Aurangabad is hereby directed to conduct further investigation into the present crime through the competent police person and direct the said person to submit report to this Court within two months from the receipt of this order." 6) Reading the earlier order and the subsequent order referred above, it is a minor correction, that too in tune with the very request in Exhibit-83 made by the complainant/petitioner herein. I do not see any illegality or any change in the text of the order. The minor correction by itself would not mend/alter the meaning. 7) Criminal Writ Petition lacks merit, dismissed. ( K.U.CHANDIWAL ) JUDGE bdv/