ash 1 crwp-2387.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.2387 OF 2010 Bipin Kantilal Shah & Others. .. Petitioners Vs State of Maharashtra & Anr. .. Respondents -- Shri H.S. Venegavkar for the Petitioners. Shri H.S. Dedhia, APP for the Respondent No.1-State. Shri Vishwanath Talkute for Respondent No.2. -- CORAM : A.S. OKA, J DATED : 17TH OCTOBER, 2011 P.C. . Heard the learned counsel appearing for the Petitioner, the learned APP for the State and the learned counsel appearing for the second Respondent. 2. Perused the impugned order dated 27th July, 2010. The relevant part of the impugned order reads thus:- “.....The grounds referred in the application in view of the documents filed on record are certainly sufficient to establish the fact that in spite of order of this Court proper investigation has not been carried out by present investigating Officer. Hence, considering the seriousness of offence, the allegations against present investigating Officer and the grounds referred in the application Senior Police Inspector, Satara City Police Station is directed to ash 2 crwp-2387.10 appoint Senior Police Inspector in place of present investigating Officer Mr. Margu Jadhav and the concern Officer is directed to investigate the matter in the light of the allegations made in the application and is further directed to submit his report before this Court on or before 17th of August, 2010. Inform Senior Police Inspector, Satara City Police Station about directions of this Court in the matter.” 3. Considering the legal position, the learned APP appearing for the first Respondent states that the impugned order may be set aside and the learned Magistrate be directed to decide the Application at Exhibit-65 afresh. Learned counsel appearing for the Petitioners pointed out that there is also a prayer for quashing the chargesheet. 4. As the chargesheet has been filed, it is for the Petitioners to apply before the Trial Court for necessary relief. 5. Hence, the Petition is disposed of by passing the following order: ORDER: (a) The impugned order dated 27th July, 2010 is hereby quashed and set aside; (b) The Application at Exhibit – 65 is restored to the file of the learned Magistrate; ash 3 crwp-2387.10 (c) The learned Magistrate shall decide the application at Exhibit-65 afresh in accordance with law; (d) Remedies of the Petitioners are kept open; (e) All contentions of the parties are kept open. ( A.S. OKA, J )