wp230-10.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 230 OF 2010 Kanakratna Krida and Sanskrutik Mandal .. Petitioner Versus State of Maharashtra and others .. Petitioners Mr. Ganesh Gole for the Petitioners Mr. Shrish Gupte, Senior Counsel a/w Mr. Filji fredarick i/by M/s F.F. & Associates for respondent Nos. 3 to 13 Mr. A.S. Patil for Respondent No. 14 Mr. A.S. Gadkari, APP for the State. CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 10th March, 2011. P.C.: 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2. It appears that in this petition under Article 226 of the Constitution of India, the petitioner has sought for various reliefs which are stated as follows: (i) This Hon’ble Court by issuing appropriate writ/order/ direction be pleased to direct the concerned competent authority to register FIR against Respondent Nos.4 to 13 for misusing their positions as police officers and for having created 1 wp230-10.sxw false evidence with the assistance of Respondent No.14 and thereby implicating the Petitioner and its members and employees in false case and the same to be investigated by independent Investigation Agency like State CID. (ii) This Hon’ble Court by issuing appropriate writ/order/ direction be pleased to direct departmental enquiry against Respondent Nos.4 to 13 and to direct periodical report to be submitted before this Hon’ble Court and take appropriate action against the erring officers. (iii) This Hon’ble Court by issuing appropriate Writ / Order/ Direction be pleased to transfer the investigation in F.I.R. being C.R. No. 117 of 2009 registered at Shahupuri Police Station to State C.I.D. (iv) This Hon’ble Court by issuing appropriate Writ / Order/ Direction be pleased to direct Respondent Nos.1 and 2 to treat petitioner’s complaint dated 30/12/2009 at Exhibit “G” of this petition as F.I.R. and the same to be investigated by State C.I.D. (v) This Hon’ble Court may kindly direct that pending the investigation by State C.I.D. in C. R. No. 117 of 2009 registered at Shahupuri Police Station no coercive action of any kind be taken against the petitioner and its members. 3. It further appears that this court had passed several orders from time to time and reference is usefully made to the order passed by this Court dated 6th July, 2010. The Division Bench of this Court, after considering the reliefs which have been prayed for by the petitioner, directed the respondents to register a crime on the basis of the complaint filed by the petitioner. This Court also directed that investigation in respect of offence registered against the petitioner be handed over to Shri S. S. Doddmani, Superintendent of Police, CID, Kolhapur Range, who shall be the Special Investigating Officer appointed by this 2 wp230-10.sxw Court. This Court, thus, directed the Investigating Officer to undertake the investigation jointly and with the assistance of his team, the members of which he may select. This Court further directed to the Investigating Officer to submit progress report in the investigation to this Court within four weeks from the date of of the order. The Division Bench granted an ad-interim orders in terms of prayer clause (dd) to the petitioner. 4. It further appears that the respondents, particularly the Investigating officer has submitted his report from time to time. The recent report is dated 9th March, 2011, tendered before us in a sealed cover, which has been opened in open the Court. Perusal of the said report reveals that pursuant to the direction of this Court, an offence has been registered on the basis the basis of the complaint of the petitioner at Crime No. 142 of 2010. The Special Investigating Officer who had been appointed by this Court carried out the investigation. The report states that the investigation is completed and charge sheet in that behalf would be submitted today. 5. In that light of the matter, therefore, by an ad interim order, the petitioner has been granted ad interim relief prayed for by the petitioner in this petition. The petitioner has also prayed that investigation be transferred to an independent agency in respect of the crime in which the petitioner is accused. The 3 wp230-10.sxw petitioner has advanced several reasons/grounds for seeking aforesaid relief. This Court, by its order dated 6th July, 2010 had also granted the aforesaid relief and had accordingly transferred the investigation. A report dated 9th March,2011 has been tendered before us in which it is stated by the Special Investigating Officer that the investigation is nearing completion/completed and charge-sheet would be submitted in the near future. 6. In that light of the matter, therefore, according to us the reliefs which the petitioner had prayed for in this petition have been granted to it. Since the reliefs have been granted to the petitioner, we are inclined to allow this petition in terms of the order of this Court dated 6th July, 2010 and to make the Rule absolute in terms of the aforesaid order. 7. Mr. Shirish Gupte, learned Senior Counsel for respondent Nos. 3 to 13 has stated before us that the respondents- Police Officials came to be transferred because of the transfer of the investigation to an independent agency. According to the learned senior counsel, the aforesaid persons came to be transferred in order to ensure that there was no hindrance at all on the part of the present respondents in the investigation to be carried out by the Special Investigating Officer. The learned counsel further states that since these 4 wp230-10.sxw respondents were transferred because of the pending investigation to ensure that investigation was without any interference in order to ensure that the investigation shall be a fair investigation, the said respondents be directed to be brought back to their original places posting. According to us, it would be appropriate, if these respondents submit a representation to the competent authority seeking their transfer back to their original place of posting. We also direct the respondent- competent authority to decide such representation if submitted by these respondents in accordance with law within six weeks of its submission. The competent authority shall take into consideration that the transfer was effected in order to ensure that there was no hindrance or interference on the part of these respondents and that the investigation is nearly completed now. 8. It is needless to state that the petitioner may resort to the legal remedy available to them in respect of the charge sheet to be submitted in an offence where the petitioner is made accused. 9. Rule is, therefore, made absolute in the terms indicated above and directions referred above with no order as to costs. ( N. D. DESHPANDE, J. ) ( P.V. HARDAS, J.) 5