1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 323 OF 2011. Samiullah Khan Shaifullah Khan .vs. The State of Maharashtra & two others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.M. Rizwy, Advocate for petitioner, Mr. N.S. Khubalkar, A.P.P. for respondents. CORAM : MRS. V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ. DATED : AUGUST 10, 2011. Heard the learned Advocate for the petitioner/ original complainant and the learned A.P.P. for the respondents. 2] The petitioner is real brother of deceased Shoeb Khan s/o Samiullah Khan. On 28.12.2010 Shoeb Khan was found hanging in the forest of Chikhaldara. Hence, the petitioner lodged a report with Police Station Chikhaldara. 3] The first grievance of the petitioner is that it is clearly a case of murder, however, the police have registered FIR under Section 306 of Indian Penal Code. Hence, the petitioner has prayed that the investigation be 2 transferred and investigating agency be directed to register an offence under Section 302 of Indian Penal Code. The affidavits filed on behalf of the State show that the investigation has in fact been withdrawn from respondent no.3 who was earlier investigating the matter and the case has now been assigned for investigation to the Deputy Superintendent of Police, i.e. Mr. Tanbhore, SDPO, Dharni. Thus, the prayer of the petitioner in relation to transfer of the investigation is already redressed. 4] As far as the second grievance is concerned that FIR ought to have been registered under Section 302 of Indian Penal Code. In the affidavit filed by Respondent No. 1, it is stated that if during further investigation the Investigating Officer comes across any material which reveals the commission of offence under Section 302 of IPC, the same shall be added. In this view of the matter, in our opinion, no further directions are necessary at this stage. Hence, the Writ Petition is disposed of. JUDGE. JUDGE. J.