1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2662 OF 2009 Gyandeo Permeshwar Narain Sadh & Anr. .. Petitioners. V/s. The State of Maharashtra & Ors. .. Respondents. --- Ms. Ameeta Kuttikrishnan for the Petitioner. Ms. A.S. Pai, APP for the Respondent -State. --- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATED : 05TH DECEMBER, 2009 P.C. : 1. Heard. The petitioner has approached this court, seeking order/direction that the proceedings in C.R. No. 12/2009 registered with M.R.A. Marg Police Station, Mumbai should be called by this court and the investigation in this case should be transferred to CB, CID, Mumbai. In addition to this, it is further sought that Crime No. 357 of 2008 registered at MRA Marg Police Station should be quashed and set aside as illegal, null and void and not maintainable and till then further proceedings in the said case should be stayed. 2 2. In response, the learned APP has filed affidavit of Assistant Police Inspector- R.B.Bidkar, attached to the MRA Marg Police Station, Mumbai, wherein it has been specifically stated that the crime no. 357 of 2008 registered at M.R.A. Marg Police Station against the petitioner for having committed offences under sections 141, 142, 143, 144, 146, 147, 148, 149, 324, 452, 427, 504 and 506 of the Indian Penal Code, came to be registered on the complaint filed by Respondent no.3- Vinod Rampratap Singh on 08.10.2008 at MRA Marg Police Station. In the said matter, the investigation has been completed and the chargesheet is filed before the Metropolitan Magistrate, 38th Ballard Pier Court on 03.12.2009. Insofar as the crime no. 12 of 2009 is concerned, it has been forwarded to the M.R.A. Marg Police Station, Mumbai for investigation under section 156 (3) of the Cr.P.C. by the Metropolitan Magistrate on the complaint lodged by the petitioner. The investigation in crime no. 12/2009 has been conducted by another investigating officer -API- Iqbal Gulab Korboo, attached to MRA Marg Police Station, who would be filing his report before the concerned Magistrate within a week’s time. 3 3. The learned counsel appearing for the petitioner submitted that the investigation carried in crime no. 12 of 2009 registered at the MRA Marg Police Station deserves to be transferred to the CB, CID, Mumbai. In view of the fact that the investigating officer is going to file his report within a week’s time, we do not think that such an exercise is required to be done and that the petitioner can very well lodge his objection, if any, to the report which may be filed by the investigating officer before the learned Magistrate. Therefore, we are not inclined to entertain the reliefs sought for by the petitioner in this petition, as the petitioner can always appear before the concerned Metropolitan Magistrate and contest the matter in accordance with law. 4. Petition is, therefore, dismissed as infructuous. (J.N. Patel,J.) (A.A. Sayed,J.) .....