1 wp-2628-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 2628 of 2010 Niket Vijay Mehta .. Petitioner. Versus The State of Maharashtra & Anr .. Respondents. Mr Dinesh Tiwari, Advocate for the Petitioner. Mr H. J. Dedhia, A.P.P.for the State. CORAM : A.M. KHANWILKAR & A.R. JOSHI, JJ. DATED : 19TH JANUARY,2011. P.C.:- 1. Heard learned counsel for the petitioner and the learned A.P.P.for the State. 2. We are informed that charge-sheet in connection with CR No.322/2010 has already been filed in the concerned Court. Counsel 2 wp-2628-10.doc for the Petitioner, however, submits that there are several deficiencies in the charge-sheet, which he would like to demonstrate to the Court. Assuming that the petitioner is justified in contending that there are some deficiencies and the Investigating Officer has failed to address those matters during the course of investigation that can be rectified by the Appropriate Court where the charge-sheet has been filed. It will be open to the petitioner to approach to that court and pray for appropriate relief, as may be advised, which application, if filed within four weeks from today, shall be decided expeditiously. We express no opinion in respect of the said grievance of the petitioner. The concerned court will examine the same on its own merits and is free to issue appropriate direction to the Investigating Agency including to undertake further investigation in exercise of powers vested under section 173(8) of Cr.P.C. Inspite of such direction, if the Investigating Officer fails to take necessary action or does not investigate the matter properly, it is only thereafter the question of examining the grievances of the petitioner and in particular the relief of transferring the investigation to an 3 wp-2628-10.doc independent Agency may arise for consideration. 3. In the circumstances, this petition is disposed of with liberty to the petitioner to invoke appropriate proceedings before the concerned court, if and when occasion arises. (A.R.JOSHI,J) (A.M. KHANWILKAR,J)