K 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1003 OF 2009 Jayshree Manilal Shah ..Petitioner Vs. The State of Maharashtra and others ..Respondents ......... Mr.A.M.Saraogi, for petitioner. Mr.D.P.Adsule, APP for respondent no.1-State. Mrs.Pravina Kamani, for respondent no.2. Mr.D.N.Salvi, for respondent-Custom and Central Excise. Mr.Sandeep Patil, for respondent no.3 – BMC. ......... CORAM: P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 28th JANUARY, 2010. P.C. : 1] By way of this writ petition, the petitioner has prayed that the complaint filed by the petitioner should be investigated by the CBI and/or the State CID, as the petitioner is not satisfied with the investigation carried out by the concerned Investigating Officer. The petitioner has filed a complaint before the Magistrate alleging that the Ex-Partner of the firm 1003-07.sxw K 2 has committed fraud and forged certain documents. The learned Magistrate, initially, by an order dated 9 th March, 2005, directed investigation of the said complaint under Section 156(3) of the Code of Criminal Procedure. 2] Mr.Saraogi, learned Counsel for the petitioner, pointed out that initially the Investigating Officer submitted “C” summary report stating that the dispute is of civil nature. The concerned Magistrate, thereafter, directed further investigation. On the basis of the further investigation, the Police has prepared again “C” summary report. At this stage, the petitioner filed this petition on the ground that the investigation has not been properly carried out. The Division Bench of this Court, by order dated 16 th July, 2009, passed order directing the learned Magistrate to stay his hands for a limited period. 3] Mr.Adsule, learned APP submitted that the police has carried out further investigation as per the observations made in the order dated 16 th July, 2009 passed by this Court and within a short period appropriate report will be submitted before the concerned Magistrate. 4] In our view, it is for the concerned Magistrate to pass 1003-07.sxw K 3 appropriate order on the report. If the petitioner still has any grievance, it will be open to the petitioner to avail the remedy in accordance with law. 5] It is also the grievance of the petitioner that the concerned accused had committed offences under the Income Tax Act, Central Excise and Customs Act as well as under the Bombay Municipal Corporation Act. However, in this behalf, the learned APP has submitted that the police authority has already investigated the matter in connection with the same. Mr.Salvi, learned counsel for the Central Excise and Customs, states that as per the report if it is found that there is violation of law, appropriate action will be taken against the erring party in accordance with law. 6] At present, since the investigation is still going on it would be just and proper to direct the Investigating Officer to complete the investigation and submit appropriate report before the concerned Magistrate within a period of three weeks from today. 7] Mr.Adsule, learned APP, assures the court that the report will be submitted before the concerned Magistrate within the time stipulated by this Court. He has made this statement on instructions of Mrs.M.N.Parab, 1003-07.sxw K 4 Assistant Police Inspector, Crime Branch (E.O.W) who is investigating the matter and present in the Court today. 8] We direct that as per the report of investigation if it is found that any party has violated the provisions of law, the authorities i.e.Sales Tax Department, Income Tax Department, Central Excise and Customs Department and Bombay Municipal Corporation, shall initiate appropriate proceedings in accordance with law. Since the investigation is reported to be completed and report is likely to be submitted before the concerned Magistrate, we are not expressing any opinion which may affect the case of the either side and it is for the concerned Magistrate to act upon the report submitted by the Investigating Officer. Copy of the report of investigation be sent to the concerned department to take appropriate action, if necessary. 9] The Investigating Officer is accordingly directed to submit the report of investigation within a period three weeks from today. The concerned Magistrate shall, thereafter, take appropriate decision in accordance with law on such report preferably within a period of one month from the receipt of such report. 1003-07.sxw K 5 10] We are of the view that since the investigation is almost over and the report is likely to be submitted before the concerned Magistrate, no case is made out to transfer the investigation to any other agency. We clarify that If the petitioner has any grievance subsequently, it will be open for the petitioner to avail the remedy in accordance with law. 11] Subject to what is stated above, the writ petition is disposed of. [R.G. KETKAR, J.] [P.B. MAJMUDAR, J.] 1003-07.sxw