1 wp16011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 160 OF 2011 Beta Suleiman Shirolkar ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Mr. Rahul Walvekar for the Petitioner Ms. M.H. Mhatre, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 31ST JANUARY, 2011 P.C.:- By this petition, it is prayed that the investigation in connection with the complaint made by the petitioner be entrusted to independent agency, such as State CID. 2. The learned A.P.P., on instructions of Mr. Bankar, P.I., Dadar Police Station, Investigating Officer, who is present in Court, has brought to our notice that the offence in question took place on 20th June, 2009. After registration of FIR, the investigation was proceeded. 2 wp16011 The Investigating Officer, thereafter, filed charge sheet under Section 173(2) of the Code of Criminal Procedure in the concerned Court, whence the concerned Court took cognizance of the offence. As a matter of fact, the trial has already commenced, and four witnesses have been examined so far. Besides, the petitioner is associated as one of the witnesses. 3. For all these reasons, we decline to exercise our discretionary Writ Jurisdiction, amongst others, on the ground of laches. The petitioner will, in any case, be free to present her point of view and evidence available with her during the trial, and, if the trial Court so desires, can proceed against appropriate persons other than the named accused by invoking powers under Section 319 of the Code. 4. As a result, this petition is disposed of, leaving all questions open, to be agitated before the concerned Court, on merits, by the petitioner. A.R. JOSHI, J. A.M. KHANWILKAR, J.