IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRI8MINAL WRIT PETITION NO. 1137 OF 2009 JAYRAM CHEDIPRASAD TIWARI .. .. PETITIONER Vs. STATE OF MAHARASHTRA .. .. RESPONDENT Mr. P. R. Arjunwadkar for the petitioner. Mr. A. S. Gadkari, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED: 6/7/2009 P.C. The grievance of the petitioner is that his son Dilip aged about 15 years is not traceable since 11/6/2008. In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of habeas corpus directing the respondent to produce Dilip Jagram Tiwari in our court. The petitioner has also prayed that investigation of this case may be transferred to State C.I.D. 2. We have heard Mr. Arjunwadkar, learned counsel for the petitioner at some length. Mr. Arjunwadkar submitted that no doubt the investigating agency has taken some steps to trace Dilip but certain vital steps like Brain Mapping and Narco Test of the accused have not been done. He submitted that it is, therefore, necessary to handover the investigation to State C.I.D. 3. We have heard Mr. Gadkari, learned APP. He has drawn our attention to the affidavit of Mr. Dhondu Manvanji Bhandkoli. Police Inspector attached to Shreenagar Police Station, Thane. In the affidavit Mr. Bhandkoli has set out all the efforts made by the Investigating Agency to trace Dilip. We find that F.I.R. No. I-117 of 2008 under Section 363, 365 read with Section 34 of the Indian Penal Code is registered at the Shreenagar Police Station. The affidavit states that charge-sheet has been filed in the Court of Judicial Magistrate, First Class, 12th Court at Thane against (1) Shivpujan K. Dubey (2) Deepak S. Kamble (3) Chandanji Nawab Salmanik (Juvenile) and (4) Manoj Tiwari are absconding. 4. One of the grievances made by Mr. Arjunwadkar was that Manoj Tiwari who had gone along with the police in search of Dilip left the police party on the way and is absconding. It was necessary for the police to trace Manoj Tiwari who could have given vital clues for investigation. It is stated by Mr. Bhandkoli in his affidavit that police machinery is trying its level best to trace Manoj Tiwari, however till date he is not traced. We have no reason to disbelieve the statement made on oath by the police. We hope and trust that the police will do all that is possible to trace Manoj Tiwari. At this stage it is not possible for us to come to the conclusion that the investigating agency is guilty of inertia. 5. So far as prayer for Brain Mapping and Narco Test is concerned, the petitioner can always apply to the trial court and if such an application is made the trial court will consider it in accordance with law, having regard to the evidence so far collected by the investigating agency and pass appropriate orders. Hence we pass the following order: “The police shall continue their efforts to trace Dilip and absconding accused Manoj Tiwari; It will be open to the petitioner to make an appropriate application before the Trial Court for Brain Mapping and Narco Test of the accused. If such an application is made the trial court shall pass order thereon in accordance with law, after hearing the parties. 6. At this stage, we are not inclined to transfer the investigation to State C.I.D. However, it will be open to the petitioner, if he so desires, to file appropriate application in that behalf in future, if circumstances so demand. 7. Petition is disposed of in the aforesaid terms. (Smt. Ranjana Desai, J.) (R. G. Ketkar, J.)