1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.274 OF 2010 Sunil s/o Ramdas Kharat .. Petitioner Versus State of Maharashtra and ors. .. Respondents Mr.J.V.Deshpande, Advocate for petitioner Mr.B.V.Wagh, A.P.P. for respondents 1 to 3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 23rd September 2010 PER COURT : 1. This is a petition under Article 226 of the Constitution of India praying therein that the investigation of Crime No.1/2010 registered with Bidkin Police Station, Bidkin, Taluka Paithan, District Aurangabad for offence punishable under Section 3(1) (9) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and under section 7 (1) (3) of the Protection of Civil Rights Act be handed over to C.I.D. The petitioner has also prayed for quashing and setting aside the order passed by the Judicial Magistrate, First Class, Paithan, in Misc.Application No.17 of 2009 dated 3.4.2010. The impugned order passed by the Judicial Magistrate, First Class, Paithan pertains to the rejection of the application filed by the petitioner seeking to transfer the investigation to C.I.D. 2 2. The respondents in their affidavit-in-reply have contended that on 14.8.2010, “B” summary came to be submitted before the Magistrate and the said summary is pending consideration of the Magistrate. In the light of submission of the summary, according to us the prayer for transfer of the investigation to C.I.D. does not survive. The petitioner has adequate remedies avaiable of advancing submissions before the learned Magistrate in respect of rejection of “B” summary and has remedies available in law for challenging the adverse order passed by the learned Magistrate regarding acceptance of the “B” summary. 3. In that light of the matter this writ petition is dismissed with no orders as to costs. ( A.V. POTDAR, J.) ( P.V. HARDAS, J.) (vvr/274.10criwp)