spb/- 1 wp2855-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2855 OF 2010 Ramesh Ranchhoddas Joshi ... Petitioner. V/s. State of Maharashtra & Ors. ... Respondents. --- Mr.R.K.Adsure for the Petitioner. Mrs. M.H.Mhatre, APP for the State. Mr. D.A.Nalawade for the Respondent No.3 ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 28TH MARCH, 2011. P.C. 1 This petition under Article 226 of the Constitution of India, by which the petitioner has prayed for following reliefs : a) ... ... ... b) Issue appropriate writ, order or direction thereby transferring the Investigation of Petitioner’s Complaint dated 01.12.2006 given to DCP Zone XII, Mumbai and MECR 02 of 2008 registered with Borivali Police Station arising out of CC No. 35/Misc/2008 of MM Court, Borivali Mumbai and investigation regarding bogus document dated 02.02.1999 allegedly executed by non-existing person by name Muttu Subramani Iyer in favour of Ajit Arjun Desai to Central Bureau of Investigation, in the interest of justice; spb/- 2 wp2855-10.sxw c) Issue appropriate writ, order or direction to Central Bureau of Investigation to conduct in-depth foolproof and proper investigation in Petitioner’s Complaint dated 01.12.2006 given to DCP Zone XII, Mumbai and MECR 02 of 2008 registered with Borivali Police Station arising out of CC No.35/Misc/2008 of MM Court, Borivali Mumbai and investigation regarding bogus document dated 02.02.1999 allegedly executed by non-existing person by name Muttu Subramani Iyer in favour of Ajit Arjun Desai and file detailed report/chargesheet in those offences, in the interest of justice. c(i) In the alternate, issue appropriate writ, order or direction thereby transferring investigation regarding Petitioner’s Complaint dated 01.12.2006 given to DCP Zone XII, investigation regarding MECR 02 of 2008 registered with Borivali Police Station, investigation regarding bogus document dated 02.02.1999 to independent agency like State CID/Mumbai Crime Branch to be investigated by the officers not below the rank of Additional Police Commissioner under the supervision of Additional Director General State CID or under the supervision of Joint C.P.(Crime), Mumbai in the interest of justice. 2 It further appears, upon perusal of the affidavit in reply filed on behalf of the respondents, that pursuant to the report lodged by the petitioner, an offence came to be registered and further investigation of ‘C’ Summary has been presented before the competent court which is spb/- 3 wp2855-10.sxw said to be pending. Learned counsel for the petitioner in unequivocal terms states that the petitioner has submitted his no objection in respect of ‘C’ Summary and the ‘C’ Summary is pending before the Metropolitan Magistrate, 24th Court, Borivali, Mumbai. 3 In that light of the fact that the ‘C’ Summary is pending, according to us the relief which is prayed for in this petition need not be granted at this stage. The learned counsel for the petitioner, however, states that liberty may be granted to the petitioner to pray for aforesaid reliefs in the event ‘C’ Summary is rejected by the learned trial court. 4 In that light of the matter, we dismiss the petition with liberty as prayed for with no orders as to costs. [M.N.GILANI,J.] [P.V. HARDAS, J.]