KBP 1 9.CRI-WP-3245-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3245 OF 2011 The State of Maharashtra .. Petitioner Vs Rajendra Bhujangrao Chavan .. Respondent -- Ms.Aruna S. Pai, APP for petitioner. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 14 th NOVEMBER, 2011 P.C.: Heard learned A.P.P. From the impugned decision, it is noticed that one of the factors which weighed with the learned Judicial Magistrate First Class in refusing the police custody is that the case diary was not produced by the Investigating Officer. In absence of the case diary, the Magistrate found that there was no material progress in the investigation. In the circumstances, we find no merit to interfere in exercise of writ Jurisdiction. The prosecution, if so advised, may move the concerned Court at an appropriate stage KBP 2 9.CRI-WP-3245-11.odt for relief of granting police custody of the accused to facilitate the investigation. That request can be considered on its own merits in accordance with law. Petition is disposed of accordingly. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]