1 wp2473.06.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 2473 of 2006 Mr. Ramprasad Vishwanath Gupta ....Petitioner Vs. Mr. A.N. Roy & anr. ....Respondents Mr. S.V.Marwadi, advocate for the petitioner. Mr. H.S. Venegaonkar, advocate for respondent no.4. Mr. D.U.Mirajkar, advocate for intervenor. Mr. P.A. Pol-PP for the State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 20, 2010 P.C. By this Petition, it is prayed that the Respondent No. 1 be directed to forthwith register an offence of murder and abduction punishable under Section 302, 364 r/w. 34 and/or 120(B) of I.P.C. against Pradip Suryavanshi, Dilip Palande & others who have participated conspired, aided and abetted the murder of Ramnarayan Vishwanath Gupta. It is further prayed that the matter be referred to CBI for investigation and the same be taken to its logical end in accordance with law. 2 wp2473.06.sxw 2. It is not in dispute that during the pendency of this Petition, FIR pertaining to the alleged offence has already been registered and investigation has been done by Special Investigation Team appointed by this Court. The said investigation has proceeded as per law and chargesheet has already been filed on 3rd April, 2010 and supplementary chargesheet on 9th July, 2010. In all, 13 persons have been named as accused in the abovesaid two chargesheets out of 21 named persons. 3. Learned Public Prosecutor appearing for the State on instructions states that further investigation is being pursued and more so steps are being taken to arrest the two absconding accused. He further states that said two absconding accused are already placed under suspension. No suspension allowance is paid to the said accused as of now. 4. Considering the several reports which have been filed on record from time to time, there is no doubt that all possible efforts have been made by present investigation team (SIT) to not only collate the evidence but also ensure that the absconding accused are arrested to face the criminal action pending against them. Insofar as the two absconding accused are concerned, the Special 3 wp2473.06.sxw Investigation Team is making all efforts to ascertain their whereabouts and also to arrest them, when found. They have already taken steps to issue proclamation against one absconding accused and non-bailable warrant against the other absconding accused. We are assured by the Learned Public Prosecutor on behalf of the Investigation Team that if necessary, steps for issuing proclamation even against the second absconding accused would be taken in due course. 5. Learned Public Prosecutor also informed us that in the course of further investigation, the Special Investigation Team has collected relevant information from five telephone service providers. They are now expecting information from Reliance Telecommunication Limited. The Investigating Team is pursuing the said requisition with the said company and is hopeful of getting necessary feedback. On the basis of information already made available by five telephone service providers, the Investigation Team is examining the details thereof and would take necessary steps as may be warranted in the fact situation of the case. 6. In view of the above, it is agreed by the Petitioner who is present in Court that no fruitful purpose would be served by keeping the present Petition pending in this Court. However, the Petitioner, if and when an occasion arises be 4 wp2473.06.sxw granted liberty to revive the present proceedings and/or to ask for appropriate relief against the Special Investigation Team in future. We have no difficulty in acceding to the said request of the Petitioner. We place on record that even the Petitioner is convinced and appreciates the efforts put in by the Special Investigation Team thus far. 7. Accordingly, this Petition is disposed of with liberty to the Petitioner to revive the present Petition and/or to take out appropriate application for such directions as may be warranted in future. Ordered accordingly. (U.D. SALVI, J) (A.M.KHANWILKAR, J)