1 W.P. NO.2032-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2032 OF 2010 Umesh Jaywant Salunkhe ..Petitioner. V/s. The State of Maharashtra ..Respondent. Mr. Nitin Pradhan for petitioner. Mr. D.P. Adsule, A.P.P. for respondent. Ms. Neha Chopra for Intervenor Nos. & 2. CORAM : A.M. KHANWILKAR AND U.D.SALVI, JJ. DATED : 17TH SEPTEMBER, 2010 P.C. :- 1. By this petition, grievance is made that the investigation done by the present Police Officer (Mr. Vyankatesh Hirba Rane, P.I.) is insufficient and not proper. Two-fold grievance is made before us. The first grievance is that although the material on record (filed along with the charge-sheet) indicates involvement of Chinniya Gouda in the commission of the present offence, who is a known criminal and history sheeter, attracting offence of MCOCA, no investigation in that 2 W.P. NO.2032-10 behalf has been done. The second grievance is that although the statement of Pandurang Kondiba Jadhav, one of the eye witness, is part of the charge-sheet and there is reference to the involvement of four persons having assaulted the deceased Jaywant Salunke, only two of them namely Mohan Pawar and Yusuf Pathan have been named as the accused. Whereas, the said statement dated 9th May, 2010 also disclose the names of Eknath Sanas and Dnyandev Shingre @ Baba of having assaulted Jaywant Salunkhe. Besides this, it is noticed that Eknath Sanas was in constant touch on telephone No.9224698686 before the assault. Moreover, it is also seen that Secetary of Chiiniya Gouda of Shrishtiraj Enterprises was also in constant touch on his Telephone No.9967203044 before the assault took place at 9.38 a.m. and also after the assault at 12.43 p.m. and 12.47 p.m. respectively. 2. Although, this material fact has come on record and is part of the charge-sheet, the same has not been properly analyzed by the Investigating Officer and further investigation done on the basis of the said material. Prima facie, we are in agreement with the grievance made by the petitioner. No tangible explanation is forthcoming as to why the above aspects have not been addressed by the I.O. during the investigation and in the charge-sheet. In this case, as the charge-sheet has already been filed, we may direct 3 W.P. NO.2032-10 some independent Officer not below the rank of A.C.P., Deonar Division to take steps for effecting further investigation and if necessary to file a supplementary charge-sheet in terms of Section 173(8) of Cr. P.C. In the event, during the said investigation, the said officer is of the opinion that the material already on record or to be collected during the further investigation by him discloses the involvement of Chinniya Gouda and a case of organized crime is attracted, he would be free to take such steps as may be required, before proceeding further in the matter, particularly comply with the requirements of Section 23 of MCOCA, 1999. The D.C.P. shall entrust the investigation of C.R.No.147/2010 to A.C.P. from Deonar jurisdiction within two weeks from today. 3. The petition is disposed of on the above terms. 4. A copy of this order be forwarded to the D.C.P. forthwith. (U.D.SALVI, J.) (A.M. KHANWILKAR, J.)