KBP 1 cr.wp.2042-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2042 OF 2011 Karni Singh Sharma ..Petitioner Vs The State of Maharashtra and ors. ..Respondents -- Mr.K.S.Barhate i/b.Mr.Suvidh Kulkarni, for petitioner. Mr.A.S.Gadkari, APP for respondent nos.1 to 4. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 29 th NOVEMBER, 2011 P.C.: Learned counsel for the petitioner states that he has no instructions in the matter as the petitioner has been arrested two days back. 2] The petition has been filed for direction against respondent no. 1 to forthwith hold necessary enquiry against respondent nos.2 and 3 KBP 2 cr.wp.2042-11.odt for having colluded with accused persons in F.I.R.No.276/2011 and F.I.R.No.281/2011 and to proceed against them in accordance with law. The second relief claimed is to transfer the investigation of the above referred F.I.R. registered at Varsova Police Station to some other investigating agency. 3] As regards the later relief, the learned APP, on instructions, informed that consequent to the observations made by this Court on 25 th August, 2011, the investigation of the aforesaid F.I.Rs. has been entrusted to the Police Inspector (Crimes), Oshiwara Police Station, Mumbai. In that sense, that relief does not survive for consideration. 4] As regards the first relief for direction against respondent no.1 to proceed against respondent nos.2 and 3 is concerned, that grievance can be made by the petitioner to the Commissioner of Police, who, in turn, shall cause enquiry into the said allegations and proceed in the matter in accordance with law. In case the outcome of the said enquiry is adverse to the petitioner, the petitioner would be free to question the same by way of appropriate proceedings, if so advised. All questions in that behalf KBP 3 cr.wp.2042-11.odt are left open. The petitioner will be free to make representation to the Commissioner of Police and the said representation will have to be decided expeditiously. 5] Petition is disposed of in the above terms. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]