{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.859 OF 2010 Shankarrao Vitthalrao Raut PETITIONER VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.R.A.Shedge h/f Mr.J.V.Dehspande, Advocate for the petitioner Mr.N.B.Khandare, Public Prosecutor for respondents State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 13 th October 2010 PER COURT: 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays “that the respondents be directed to conduct the fair investigation by interrogating the accused in the Crime No.302/2009 registered at Kotwali Police Station, Ahmednagar, Dist-Ahmednagar”. 2. It appears that pursuant to the orders passed by the Judicial Magistrate, u/s 156 (3) of the Criminal Procedure Code, an offence came to be registered against the accused and pursuant {2} thereto, the investigation has been commenced. It appears that the accused herein had also applied to the Court for their release on anticipatory bail, which came to be granted by the Court. The bail was restricted for a period of 6 weeks with a direction to the accused to obtain regular bail from the competent court. 3. It further appears that on account of death of one Ashok Bhimraj Lande an offence punishable u/s 279 and 304 A of the Indian Penal Code and u/s 184 of the Motor Vehicles Act had been registered. After investigation thereof “A” Summary came to be submitted before the Judicial Magistrate, First Class, Court No. 4 Ahmednagar on 14 th September 2008. The aforesaid “A” Summary was accepted by the Magistrate by order dated 02.02.2009. Thereafter, the complaint case was filed by the present petitioner u/s 156 (3) of the Criminal Procedure Code. As pointed out by us above, the Magistrate directed the registration of the offence and its investigation. 4. On notice of this petition being issued to the respondents, the respondents are represented by learned Public Prosecutor, who points out from the investigation papers that statements of about 44 witnesses have been recorded and since nothing transpired in the investigation, which would implicate the accused, the accused have not been arrested. In respect of the injuries sustained by one Gaikwad, it is stated that the statement of the Medical Officer, Dr.Jaiswal, has been recorded. Since the {3} investigation is in progress, we do not consider it necessary nor appropriate, at this stage, to monitor the investigation. A writ cannot be issued, in the circumstances, directing the respondents to arrest the accused. Moreover, since the Magistrate is seized of the offence, the petitioner has adequate remedies of appraising the Magistrate on the state of the investigation. It would depend upon the Magistrate whether to accept the report submitted by the investigating officer, upon conclusion of the investigation. 5. In that light of the matter, there being no merits in the petition, the petition is summarily dismissed with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/cwp859-10