1 WP.1554-2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1554 OF 2010 Mr. Kishan s/o Sanwarmal Kedia ...Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. --- Mr. A.M. Saraogi, for petitioner. Mrs. M.H. Mhatre, APP for the State. Mr. S.V. Marwadi, for Respondent Nos.2 and 3. --- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. JUNE 08, 2011. P.C. 1. Heard Shri Saraogi, learned Counsel for the Petitioner. 2. This court in its earlier order dated 29.3.2011 has dismissed this Petition so far as prayer clause (a) is concerned. 3. The learned Counsel for the Petitioner sought relief to amend prayer clause (b) so as to seek directions for the transfer of investigation and till today prayer has not been amended. The prayer clause (b) reads as under: “(b) that this Hon’ble Court be pleased to issue appropriate 2 WP.1554-2010 writ, order and direction directing the Respondents to take forthwith necessary steps to arrest the wanted accused in connection with FIR No.326 of 2008 registered under the provisions of sections 452, 420 r/w 34 of I.P.C. and/or carry necessary investigation against them as contemplated against the provisions of law” 4. Affidavits in reply have been filed by Shri Anant Kenjale, Sr. Inspector of Police attached to Samata Nagar Police Station, Shri Vinayak Mulay, Traffic Inspector attached to Traffic Control Branch, Mumbai and Shri Vilas Deshpande, P.S.I. attached to Kandivali Police Station. 5. In the affidavit of Shri Vinayak Muley, it has been specifically pointed out that the investigation in CR No.326/2008 was carried out and on completion of the investigation, the charge-sheet has been filed in the the 17th Court of Metropolitan Magistrate at Borivli against four accused. Hence, the relief prayed for in prayer clause (b) cannot be considered. 6. At this stage, Mr. Saraogi, the learned Counsel for the Petitioner stated that he may take out appropriate proceedings for transfer of investigation. 7. The Petition is rejected with liberty as is available in law. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.) 3 WP.1554-2010