1 2.wp3636-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3636 OF 2010 Zehra Tauhid Sajan w/o. Tauhid Sajan. ..Petitioner. Vs. The State of Maharashtra and 8 others. .. Respondents. .......... Mr.S.N. Raj a/w. Edilte Dey, Advocates for the Petitioner. Mr.J.P. Yagnik, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 10TH JANUARY, 2011. P.C. 1. Twofold relief is claimed in this Petition. The first relief is for reinvestigation or further investigation of C.R. No.162/2010 registered with Versova Police Station. The second relief is to direct further investigation under Section 173(8) of Cr.P.C. in the said case. 2. For the nature of reliefs claimed, we think it appropriate that the Petitioner would be free to approach the concerned Court where the Police report / charge-sheet under Section 173(2) of Cr.P.C. has already been filed. It is well established position that even if the concerned Court has taken cognizance on the basis of the Police report already filed, it is open to the said Court to permit or direct further investigation into the case under Section 173(8) of Cr.P.C.. If the Petitioner is able to persuade the concerned Court about the PPD 2 2.wp3636-10 deficiencies in the charge-sheet already filed or is able to provide further clue which may warrant further investigation, he is free to bring that position to the notice of the concerned Court, which will examine the grievance of the Petitioner on its own merits in accordance with law and pass appropriate directions as may be warranted in the fact situation of the case. 3. We dispose of this Petition with liberty to the Petitioner to renew the prayer for transferring the investigation to independent agency if and when occasion arises. In other words, if the Petitioner were to be content with the further investigation done on the basis of the directions issued by the concerned Court, no further orders in that behalf may be necessary. We are informed that the accused have already filed discharge application on the basis of the material submitted along with Police report filed before the concerned Court. Needless to observe that if the Petitioner, being complainant, takes out an application for further investigation under Section 173(8) of Cr.P.C., said application should be decided, one way or the other, before the discharge application is taken up for hearing. Petition is disposed of on the above terms. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)