1 wp215810 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2158 OF 2010 Cyrus Kenneth Pedder ...Petitioner VERSUS The State of Maharashtra & Anr. ...Respondents Mr. Sanjog Parab i/by Mr. Sartaj Shaikh for the Petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the State. CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 3RD DECEMBER, 2010 P.C.:- By this petition under Article 226 of the Constitution of India, direction is sought against the respondents to arrest accused Mohd. Yunus Khan, Macchindra Kachre and Mohd. Jakir Khan in connection with C.R. No. 44/10 registered with Khalapur Police Station. It is further prayed that the investigation of the said case be transfered to independent agency such as the CBI, ACB. 2 wp215810 2. The learned A.P.P. states, on instructions, that the local police has already completed the investigation and filed charge-sheet in the concerned Court. During the investigation, they have already arrested four accused. Insofar as accused Mohd. Yunus Khan is concerned, he is presently absconding and has reportedly gone out of India. Steps are being taken for extradition of the said accused. 3. In view of this assurance and progress of the investigation made, counsel for the petitioner submits that in that case, the petitioner will not continue with the present petition. 4. Accordingly, petition is disposed of, with observation that the Investigating Officer shall ensure arrest of the absconding accused Mohd. Yunus Khan as early as possible. A.P. BHANGALE, J. A.M. KHANWILKAR, J.