1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No. 39/2009 ( Tulsiram Namdeo Ingle and one .vs. State of Maharashtra ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Ms. A.S. Palsodkar, Advocate for Petitioners. Mr. C. N. Adgokar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JULY 16, 2009 Heard. By the present petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, two accused persons concerned with Crime No. 189 of 2008 registered with Risod Police Station for commission of offence under Sections 406, 420 read with 34 of IPC upon the complaint lodged by one Pandurang Khadse, have prayed for quashing of the said FIR. In short the case as disclosed from the complaint upon which the said FIR is registered is to the effect that said complainant and his associates residents of village Sheloo Khadse, taluka Risod being religious persons used to go on pilgrimage outside State of Maharashtra. In month of March,2008 they had come 2 across two persons who had given their names as Tulsidas Maharaj and Ku. Rekha Verma and by making them representation that they would be taking about 1000 persons to pilgrimage at Haridwar Uttar Pradesh on payment of charges Rs.551/- per person got their names registered with them and collected such an amount from them. The further part of the said complaint in detail describes the manner in which not only the complainant and his associates but also the persons from other villages had paid such amount for such a purpose to them but ultimately were not taken to pilgrimage from a village at which they were told that the vehicle would be coming for taking them for pilgrimage. The complaint further discloses that thereafter on 10.5.2008 or thereabout said two persons again found roaming within the area of Risod has further told complainant that they would be informing the date of trip lateron and given the receipts of different dates in the month of March. However, even after a period of one month, the said persons having not taken anybody for the pilgrimage trip at Haridwar ultimately the said complaint was lodged with Risod Police Station and thereafter said crime was registered. At the hearing of the application learned APP being unable to throw much light regarding further events occurred after registration of FIR , the investigating officer was directed to remain present for giving the said information. Thereafter learned APP after taking instructions from I.O. Mr. Hirasingh Dhansingh Jadhao, API present in the Court has stated 3 that investigation had remained to be completed in view of petitioners being not available for further investigation due to being not found on the address given by them. The said statement made on behalf of prosecution was vehemently refuted by the learned counsel for the petitioners. Upon further query put to learned counsel for the petitioners regarding the maintainability of the same under Section 227 read with Section 482 of the Code of Criminal Procedure in view of the matters prima facie revealed from the complaint lodged with the Police, the learned counsel has sought for withdrawal of the petition with liberty to re-approach this Court if necessitated in future. While seeking such a liberty the learned counsel has also assured that the petitioners would be cooperating for completion of the investigation. Similarly investigating officer through learned APP has also informed that in event of receiving such a cooperation the investigation would be completed at the earliest. In the aforesaid state of affairs and when the law requires that every investigation is required to be completed as expeditiously as possible and the same thing apparently being not followed in present case i.e. FIR being lodged on 12.8.2008 and still the investigation being not complete, has warranted to given certain direction in the said regard for serving the ends of justice while considering the permission for withdrawal sought. In the premises aforesaid the petitioners are permitted to withdraw the present petition with liberty to 4 approach this Court if necessitated by circumstances in future. However, they are directed to attend the investigating officer after receipt of the summons from him on the addresses mentioned in the petition or otherwise. The investigating officer is also directed to complete the investigation as early as possible and in any event within four months from the date of this order. The petition stands disposed of accordingly. JUDGE halwai