spb/- 1 wp1034-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1034 OF 2011 Mr. Jafarali Rajabalil Makrani ... Petitioner . V/s. Khanderao Patil (Senior Inspector of J.J.Marg, Police Station and Ors. ... Respondents. --- Mr. G.K. Jadhav for the Petitioner. Mr. K.V.Saste, APP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 18TH APRIL, 2011. PC: 1 This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ, directing the respondent police officers to transfer investigation in C.R.No. 19/2011 from Respondent Nos. 1 and 2 to C.I.D. Crime Branch or any other independent investigating agency. 2 We have heard the learned counsel for the petitioner in respect of the transfer of the investigation. We have also perused the case diary which had been made available to us by the learned APP. Upon its perusal, we do not find any infirmity in the investigation at this stage so as to warrant transfer of the investigation to C.I.D. Crime branch or any other independent investigating agency. The learned APP states on instructions from the investigating officer, who is present in the court that spb/- 2 wp1034-11.sxw the investigation is nearing completion and the chargesheet would be filed approximately within 10 days from today. The learned APP states on instructions that the investigating officer intends to forward seized properties for chemical examination and the same would be done before filing of the charge-sheet and the report of the chemical analyst would be tendered in the court before the trial would commence. We accept the aforesaid statement of the learned APP made on behalf of the investigating officer as an undertaking to this court. In that light of the matter, we do not see any merit in the petition and the same is therefore, deserves to be dismissed. 3 The learned counsel for the petitioner urged before us that offence punishable under section 326 is disclosed instead of the one punishable under section 324. The trial court at the time of framing of the charge would be competent to frame the charge for the offence punishable under section 326 also if the offence is so disclosed on the basis of the charge- sheet. 4 The writ petition is accordingly dismissed by accepting the aforesaid statement made by the learned APP. [M.N.GILANI,J.] [P.V. HARDAS, J.]