- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3254 OF 2009 Mr.Munir Khan & ors ... Petitioners vs The State of Maharashtra & ors ... Respondents Mr.Niranjan Mundargi i.b Mr.A.P.Mundargi for Petitioners Dr.F.R.Shaikh A.P.P.for Respondents Mrs Gadekar Police Inspector,Versova Police station present ... CORAM: SMT.RANJANA DESAI & SMT.MRIDULA BHATKAR,JJ DATED: 11th March, 2010 P.C. 1. We have heard learned counsel for the parties. Against the petitioners, C.R.No. 132 of 2009 is registered by one Potdar under sections 328, 274,275,276,406,465,467,468,471,420,108 r/w 34 of the Indian penal code,section 3 (d) of the Objectionable Advertisement Act, and under sections 33 and 36 of Maharashtra Medical Practitioners Act, 1961 at Versova police station. Petitioner no.3 has filed a complaint at Versova police station being C.R.No.116 of 2009 against Wajid Hussain, Firoz, and Potdar who is complainant in C.R.No.132 of 2009 under sections 384, 385, 120-B of Indian penal code. In short, case of the petitioner Munish Khan is that one Wajid Hussain asked him to pay a - 2 - sum of Rs.8 crores and threatened him that if he does not pay the amount various cases will be lodged against him. It is suggested that Wajid Hussain asked this money for certain police officers and other people. Grievance of the petitioners in this petition is that C.R.No.132 of 2009 is not being independently investigated and therefore, it should be transferred to the Central Bureau of Investigation or State CID. Admittedly, the Investigating Officer of C.R.No.116 of 2009 has been suspended. In the peculiar facts and circumstances of the case therefore, we are of the opinion that the Commissioner of Police, Mumbai should ensure that investigation of this case is handed over to a competent police officer of a different division who will carry out investigation in a accordance with law impartially and independently. Papers of this case may be placed before the Commissioner of Police, Mumbai for appropriate orders for this purpose. 2. So far as C.R.No.132 of 2009 is concerned, it is being investigated by Police Inspector Mrs Gadekar. Looking to the background of this case, we feel that investigation of this case should be conducted under the supervision of Mr.Prasanna Deputy Commissioner of Police, Mumbai and Mr.Prasanna should keep the Commissioner of Police, Mumbai posted with all important stages of investigation of this case. We would appreciate if the - 3 - Commissioner of Police, Mumbai oversees this investigation. We make it clear that on merits of the case, we have not expressed any opinion. However, we record our anxiety and request the Commissioner of Police, Mumbai to ensure that both the cases are investigated independently and expeditiously in accordance with law. Petition is disposed of in aforesaid terms. SMT.RANJANA DESAI, J SMT.MRIDULA BHATKAR, J - 4 -