1 cri-wp-2243-2482-08-b pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2243 OF 2008 AND CRIMINAL APPLICATION NO. 401 OF 2008 Hemant Yashwant Dhage .. Petitioner Vs. Mrs. S.T. Mohite, PSI, Kasba Peth Police Chowki, Faraskhana Police Station and ors. .. Respondents WITH CRIMINAL WRIT PETITION NO. 2482 OF 2008 AND CRIMINAL APPLICATION NO. 300 OF 2009 Dr. Sudhir Bhaskarrao Tambe .. Petitioner Vs. Hemant Yashwant Dhage and ors. .. Respondents Mr. Ganesh Gole for petitioner in Cri.W.P. No. 2243 of 2008 and for respondent no.1 in Cri.W.P. No. 2482 of 2008. Mr. Amit Desai, Sr. Advocate i/by M/s. Legasis Partner for petitioner in Cri.W.P. No. 2482 of 2008 and for applicant in Cri.APPW No. 300/09. Mr. S.P. Kadam for applicant in Cri.APPW No. 401 of 2008. Mr. P.A. Pol, PP for State in both the petitions. 2 cri-wp-2243-2482-08-b CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. JULY 26, 2010. P.C. The order passed by us on 8/9/2009 in these petitions came to be challenged in SLP (Cri) Nos. 7022 and 7219 of 2009. By an order dated 12/4/2010 both the SLPs came to be allowed and our order dated 8/9/2009 has been set aside by the Supreme Court in view of its earlier judgment in the case of Sakiri Vasu Vs. State of U.P. & ors. [AIR 2008 SC 907]. The Supreme Court has directed the Magistrate concerned to ensure proper investigation into the alleged offence under Section 156(3) of Cr.P.C. and if he deems it necessary, the learned Magistrate to recommend to the S.S.P./S.P. concerned change of the Investigating Officer so that proper investigation is done. The Magistrate can also monitor the investigation though he cannot himself investigate (as investigation is the job of the police). In Criminal Writ Petition No. 2243 of 2008, the main prayer 3 cri-wp-2243-2482-08-b was for direction to register an FIR and to transfer the investigation from the Faraskhana Police Station to any other investigating agency, preferably CBI. Whereas in Criminal Writ Petition No. 2482 of 2008, the main relief was for quashing and setting aside the order dated 11/7/2008 passed by the learned JMFC in RCC No. 0402459 of 2008, by which order the learned JMFC was pleased to direct the investigation under Section 156 (3) of Cr.P.C. Hence, in view of this order passed by the Supreme Court and as referred to hereinabove, these petitions would not survive any further and they stand disposed off in terms of the said order. The disposal of these petitions is without prejudice to the rights of the parties as may arise from the order of the Supreme Court. Criminal Application Nos. 401 of 2008 and 300 of 2009 do not survive and stand disposed as such. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)