1 cri-wp-2593-09 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2593 OF 2009 Hasmukh Hukmichandji Bafna .. Petitioner Vs. The State of Maharashtra and ors. .. Respondents Mr. Kiran Jain i/by Kiran Jain & Co. for petitioner. Mrs. S. D. Shinde, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. JULY 22, 2010. P.C. 1. Heard Mr. Jain the learned counsel for the petitioner, who is a jeweler at Mumbai. Mrs. Shinde, the learned APP appears for the respondents-State. 2. As directed by us, respondent no.7 who is the Investigating Officer in C.R. No. 26 of 2009 as well as the DCP, Zone-II, has filed affidavit-in-reply and we have perused the same. 2 cri-wp-2593-09 3. Without adverting to the allegations and counter allegations, it would be appropriate that the petitioner, in response to the summons issued against him under Section 91 of Cr.P.C., appears before the IO i.e. respondent No.7 and furnishes the relevant record. The affidavit filed by the DCP states that he has personally scrutinized the investigation papers and if the petitioner responds to the summons, further investigation could be undertaken. 4. The learned counsel for the petitioner, on instructions from him in the court, stated that the petitioner would appear before the respondent no.7 on 29/07/2010 between 11 a.m. to 2 p.m. in response to the summons issued under Section 91 of Cr.P.C. and submit the relevant record/documents. We direct the IO to continue with further investigations and also take appropriate steps to arrest the absconding accused – Shri Bhavarlal Malviya. The petitioner states that when he appears before the IO, he would furnish the property as well as address details of the absconding accused both at Mumbai as well as in his home State at Rajasthan so as to enable the IO to take further steps, including the one under Section 102 of Cr.P.C. The petitioner will also furnish the details 3 cri-wp-2593-09 of the property allegedly acquired by accused no.1 from the proceeds of the subject jewelery. We expect the DCP to supervise the further investigation to be undertaken by respondent no.7 and on completion of the further investigation, supplementary charge-sheet would be filed as expeditiously as possible and preferably before 15th September, 2010. 5. The petition is disposed off in terms of the above directions. 6. All concerned to act on an authenticated copy of this order. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)