1 wp2154.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2154 OF 2010 Mr. Sunil Sawaldas Wadhwani. ....Petitioner Vs. Home Department, Mantralaya, Mumbai & Ors. ....Respondents Mr. Niranjan Mundargi i/b. Shaunak Mehta, advocate for petitioner. Mr. J.P.Yagnik, APP for State. CORAM:- A.M.KHANWILKAR AND A.P. BHANGALE, JJ. DATED:- DECEMBER 6, 2010. P.C. 1. The grievance of the Petitioner is about the inaction of the concerned police officials in Shahapur Police Station of not taking notice of the complaint made by the Petitioner. The Petitioner has alleged that the accused persons have cheated the Petitioner, for which complaint was made to the Shahapur Police Station. Since no notice of the said complaint was taken, the Petitioner had no option but to approach Magistrate by way of private complaint. The Magistrate issued direction to the local police to register offence and investigate the same. That direction was passed on 4th March, 2010. The problem does not end there. The FIR was registered only on 10th March, 2010 and no serious investigation has been done by the Investigating Officer API Mohire of Shahapur Police 2 wp2154.10 Station. 2. To reassure ourselves, we called upon the Investigating Officer to produce case diary. It is noticed that after some farce of investigation is made, no investigation was carried out at all between July,2010 to December, 2010 inspite of institution of the present Petition on 19th July, 2010. We need not examine the grievance of the Petitioner as to whether the said Investigating Officer was acting under dictation of someone or was biased. That is the matter, which will have to be examined at the department level. 3. For the time being, we are in agreement with the request made by the Petitioner that the investigation of case should be made over to an independent agency. We accordingly, direct the respondent to hand over investigation of this case to State C.I.D., who in turn will continue with the investigation already done or start fresh investigation, as it may think proper. We hope and trust that the newly appointed investigating agency will take the investigation to its logical end expeditiously and submit proper report to the concerned court where the private complaint is still pending, keeping in mind the mandate of section 173(1) of the Code that the investigation should proceed without unreasonable delay. Petition disposed of accordingly. 3 wp2154.10 4. Copy of this order be forwarded to the Secretary, Home Department for taking appropriate action against the concerned police officials in accordance with law, if so advised. 5. The original case diary is returned back to the learned APP. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)