1 WP No.1474/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1474 OF 2010 Samir Sharad Kulkarni .. Petitioner. Vs. The State of Maharashtra .. Respondents. None for the petitioner. Mrs.S.D.Shinde APP for the State. CORAM : B.H.MARLAPALLE & ANOOP V.MOHTA, JJ. DATED : 20TH JULY, 2010. P.C. Heard the learned APP for the State. 2. The learned APP has placed before us the report dated 7.7.2010 prepared by the Additional Commissioner of Police, ATS, Mumbai. The present petitioner is accused no.5 in MCOC Special Case No.1 of 2009 and he has sent instant petition through jail based on the statements, recorded during the investigation, of Shri Sham Apte PW 61 and Shri Nitin Joshi PW 55. He alleges that these two persons had conspired to commit murder of certain high profile individuals. The statements of these two witnesses have been recorded under section 161 of the Code of Criminal Procedure and there is no intercepted conversation as alleged, between accused no.10 – Sudhakar Dhar Dwivedi and Shri Sham Apte PW 61, as per the said report. 3. The report further states that the statements were recorded in the initial investigation and from the laptop of accused no.7 and Shri Sudhakar Dhar Dwivedi, some audio files were retrieved and they S 2 WP No.1474/10 have been transcribed. Nothing specific has come out on the lines of the allegations made by the petitioner though it appears that the accused were holding meetings, at various places like Faridabad, Kolkata, Bhopal, Jabalpur, Indore, Nasik etc. with the aims and objects to form a separate Hindu Rashtra. It has been stated in the report that efforts were made to find out the names of the individuals but except the names of two high profile persons stated in the petition, no other names were listed. Before filing the charge-sheet, a conscious decision was taken by the senior police officers to rely on the statement of witnesses in the chargesheet so as to substantiate the charges and the said material being placed before the court while framing of the charges against each of the accused. Hence as of now, as per the report, no further action is required to be taken save and except to wait for the outcome of the pending trial. 4. We are, therefore, satisfied that the concerned agency has taken note of statements recorded under section 161 of the Code of Criminal Procedure of these two witnesses i.e. Sham Apte PW 61 and Nitin Joshi PW 55 and no further directions for a separate investigation are required to be given as of now. 5. Hence the petition is disposed off. (ANOOP.V.MOHTA,J.) (B.H.MARLAPALLE,J.)