12.wp.2387-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2387 OF 2009 Shamim Modi. ..Petitioner. Versus Senior Police Inspector, Manikpur Police Stationery and 5 others. ..Respondents. .... Mr.Mihir Desai, Advocate with Mr.Niranjan Waghela, Advocate for the petitioner. Mr.A.S. Gadkari, A.P.P., for the Respondent - State. .... CORAM : BILAL NAZKI, AND A.R. JOSHI, JJ. DATED : 15TH OCTOBER, 2009 P.C.:- 1. Heard learned Counsel for the petitioner and also the Public Prosecutor. 2. The incident has occurred on 23rd July, 2009 in which the petitioner, who is a Professor, was attacked and got seriously injured. We have seen the medical report. According to this report, she has received as many as nine serious injuries, but, till this Petition was filed the police had not even registered a case under Section 307 of IPC and only case under Section 397 of IPC 12.wp.2387-09 2 was registered. Now, the Public Prosecutor submits that case under Section 307 of IPC has also been registered. He submits that according to the investigation, two accused were involved in the offence and accused No.1 has escaped to Nepal and is at large, whereas accused No.2 has been arrested and is in judicial custody. We are not sure whether any serious efforts were made to apprehend the accused No.1. We are not even sure whether he has really gone to Nepal or is hiding somewhere in Mumbai. Non-inclusion of an offence under Section 307 IPD till the petitioner filed Writ Petition, suggests that the police has not been very serious in conducting the investigation in the case. Therefore, we transfer the investigation of this case to CB CID, Mumbai and direct them to try to apprehend all the accused as soon as possible and complete the investigation within a period of three months. 3. Criminal Writ Petition is disposed of accordingly. (BILAL NAZKI,J) (A.R.JOSHI,J)