1 1938.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1938 OF 2010 Mr.Mohammed Amin S/o.Abdul Gane ...Petitioner Versus State of Maharashtra ...Respondent ...... Mr.Satish Mishra i/b Mr.A.M.Saraogi for Petitioner. Mr.D.P.Adsule, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 18, 2010. P.C. 1. Counsel for the Petitioner states on instructions that the Petitioner intends to withdraw this Petition. 2. Learned A.P.P. submits that the direction contained in order dated 24th August 2010 has since been complied with. In that, the offence relating to the incident referred to in the Writ Petition has been registered. Further, circular has been issued by the Commissioner of Police, Mumbai to all concerned on 15th September 2010. We are also informed that the investigation with regard to case registered in connection with the incident adverted to in the Writ Petition is being presently done by API Jadhav. 2 1938.10.sxw 3. Considering the gravity of the allegations regarding misuse of letterhead of the sitting MLA, which attempt if were to succeed, would have resulted in financial implications and loss of State Exchequer, we think it appropriate that the investigation of the case pertaining to CR No. 144 of 2010 registered with Marine Drive Police Station should be done by Officer not below the rank of Assistant Commissioner of Police of the concerned area. Indeed, if the concerned ACP is of the opinion that it may be appropriate to take assistance of the present API Jadhav who has already started investigation, would be free to do so. But as aforesaid, the investigation should be primarily done by the ACP of the concerned area. 4. Petition disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)