1 WP-1675-2010 & WP-740-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1675 OF 2010 Mrs. Ashwini Nikhil Rane ...Petitioner Versus The State of Maharashtra & anr. ...Respondents WITH CRIMINAL WRIT PETITION NO.740 OF 2011 Shalini Rane ... Petitioner Versus The State of Maharashtra & anr. ... Respondents Mr.S.B. Deshmukh with Mr. Prathamesh Bargude for petitioner in WP 1675 of 2010. Mr.Niranjan Mundargi for petitioner in WP 740 of 2011. Mr.P.A.Pol, PP for State in both the matters. Mr.D.N.Salvi for CBI. 2 WP-1675-2010 & WP-740-2011 CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 13, 2011. P.C. 1. Shri Nikil Rane, a builder at Pune while he was climbing the staircase to reach his office on the second floor in a busy locality at Jangali Maharaj Road on 23/11/2009 was shot at and he was immediately shifted to the hospital (Sancheti Hospital, Shivaji Nagar, Pune). He was unconscious and died on 30/11/2009 while under treatment. A crime came to be registered with Shivajinagar Police Station and before the incident on 23rd November 2009 a crime of extortion against four accused viz. Sandip Dicholkar, Deepak Borkar, Dhananjay Dixit and Sandip Sangle was registered and all of them came to be arrested on 25th December 2009 for the offences punishable under Sections 384 and 387 read with Section 34 of IPC. On 22nd January 2010 a charge sheet came to be submitted in RCC No.0400475 of 2010. However, the investigation for the offence punishable under Section 302 of IPC which was handed over to the State CID (Crime Branch) has not resulted in identifying the 3 WP-1675-2010 & WP-740-2011 accused persons and, therefore, Writ Petition No.1675 of 2010 has been filed by Mrs. Ashwini Rane and Writ Petition No.740 of 2011 has been filed by Mrs. Shalini Rane, the wife and mother of the deceased respectively. This Court has passed orders from time to time during the last about one year and the progress reports came to be submitted by the Investigating Officer. The facts remains that despite the efforts made by the present investigating agency, no headway has been made in locating the suspects. As per the investigation report submitted from time to time the IO has recorded the statements of number of persons who were associated with the firm of the deceased i.e. M/s. Rane Constructions, Anant Chamber, Opposite Modern High School, Jangli Maharaj Road, Shivaji Nagar, Pune as well as the friends of the deceased. The investigating agency has drawn virtually a blank during the last about one year. At one point of time Mrs. Ashwini Rane offered the prize of Rs. 1,00,00,000/- (Rupees One Crore only) for the informant and this was intimated to the investigating agency as well. 2. It is under these circumstances, we are left with no choice but to hand over the investigation to the CBI as prayed for in both these petitions, though we may not attribute any incompetence to the present 4 WP-1675-2010 & WP-740-2011 investigating agency. Mr. Salvi, the Special Standing Counsel for CBI was requested by us to assist and on taking instructions he submitted that the CBI is already over burdened and unless the logistical support is provided by the Commissioner of Police, Pune, it may not be possible for the CBI to take over the investigation. We are also informed that the CBI will need assistance of the officers of the rank of Assistant Commissioner, Police Inspector, Police Sub Inspectors etc. from the local police so as to proceed with the investigation from the present stage. In our opinion the CBI is justified in asking for the assistance in terms of personnel as well as the other infrastructure. 3. Hence we direct that the CID, Crime Branch, Pune to hand over the investigation in C.R. No.273 of 2009 for the offence punishable under Section 302 read with Section 34 of IPC and Section 25 of the Arms Act registered with the Shivaji Nagar Police Station, Pune to the Central Bureau of Investigation, Special Crime Branch, Mumbai forthwith. The present I.O. i.e. the Deputy S.P., Crime Branch, Pune to hand over the investigation papers to the CBI, SCB, Mumbai forthwith. 4. We further direct the Commissioner of Pune to provide the services 5 WP-1675-2010 & WP-740-2011 of police officers as well as other infrastructural support to the CBI and more particularly the services of officers in the rank of ACP, PI, two PSI as required for carrying out investigation and in addition the Police Contables that may be required. Any other assistance sought for by the CBI will also be provided by the Commissioner of Police, Pune. The Director of CBI will appoint the Head of Special Investigation Team that may be formed at the earliest possible. 5. In terms of the above directions both the writ petitions stand disposed off. However, Criminal Writ Petition No.1675 of 2010 be listed after two weeks for further orders in view of the order passed by this Court on 24/11/2010. We also make it clear that both the petitioners will render all their assistance to the SIT of CBI as and when they are called upon. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)