AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3070 OF 2009 Dr. Prithi Paul Singh Sethi. ... Applicant Vs. The State of Maharashtra & Ors. ... Respondents Mr. Subhash Jha i/b M/s. Law Global for the applicant. Ms. U.V. Kejariwal, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 30TH JULY, 2010. P.C.:- 1. The petitioner is the original complainant. We are informed that the Economic Offences Wing has filed “A” Summary before the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai. Learned Magistrate has heard the arguments of counsel for the complainant and the matter is posted for orders on 7/8/2010. In this petition, the petitioner has, inter alia, AJN 2 prayed that the recommendation of the Additional Commissioner of Police or the Joint Commissioner of Police, seeking to classify the said case as “A” Summary be quashed and set aside and a direction be issued to EOW, CID, Mumbai, to conduct further investigation under Section 173(8) of the Code of Criminal Procedure. 2. Inasmuch as the matter is posted for orders by learned Magistrate, we are not inclined to pass any order on this petition. However, it will be open to the petitioner to adopt appropriate remedy including filing a petition to this court if the petitioner so desires, in case, the order passed by learned Magistrate is adverse to the petitioner. Needless to say that at that stage, the petition will be considered in accordance with law. 3. Learned counsel for the petitioner has pointed out that one of the prayers made in this petition is transfer of investigation to Central Bureau of Investigation. We leave it open to the petitioner to agitate this prayer in appropriate AJN 3 proceedings. We may not, however, be understood as having expressed any opinion on any of the questions involved in the petition including the prayer for transfer of investigation to Central Bureau of Investigation, one way or the other. 4. All contentions of the petitioner and the respondents are kept open. 5. The petition is disposed of. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]