1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION No.251/2011 ( Jameel Khan Dilawar Khan and others .vs. The State of Maharashtra & others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.M. Puranik, Advocate for Petitioners. Mr. T.A. Mirza, APP for Respondents 1 & 2. CORAM : P.V.HARDAS & S.B. DESHMUKH, JJ. DATED : SEPTEMBER 07, 2011 This is a petition under Article 226 of the Constitution of India by which the petitioners have prayed for issuance of writ directing that the investigation be transferred to the Criminal Investigation Department (C.I.D.). The petitioner have also prayed for issuance of a writ for freezing of the assets of the respondents no.3 and 4 and their relatives and associates so as to protect the interest of the persons like the petitioners who have been cheated by them. In response to the notice issued to the respondents, the respondents have filed their affidavit- in-reply. In the recent affidavit-in-reply filed on behalf of the respondents, it is stated that an offence has been registered on the basis of the first information report lodged by the petitioners. The learned APP further states that the investigation is virtually nearing completion and soon a final report would be submitted 2 before the Court of competent jurisdiction. The learned APP states that in fact the investigating officer intends to file a charge sheet against the accused. It is further stated that one of the accused i.e. one Niraj is absconding and steps have been taken for arresting the absconding accused including attachment of his property. It is further stated that in the affidavit-in-reply the aforesaid application of the prosecution came to be rejected by the trial Court as no charge sheet has been filed against the absconding accused. We have heard Mr. Puranik, learned counsel for the petitioners with whose assistance we have perused the various documents. We have also perused the affidavit-in-reply. In the light of the fact that the investigation is nearing completion and we at this stage prima facie cannot find fault with the investigation which has been carried out so far, we do not consider it appropriate at this stage to transfer the investigation to the C.I.D. According to us, no case for transfer has been made out and consequently we dismiss this petition with no order as to costs. JUDGE JUDGE halwai