1 cri-wp-1627-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1627 OF 2011 Sangeeta Sadanand Shinde .. Petitioner Vs. State of Maharashtra and ors. .. Respondents Mr. Sameer Sarmbalkar for petitioner. Ms. M. H. Mhatre, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 25, 2011. P.C. As per the instructions received by the learned APP, on completion of investigation in C.R. No. 72 of 2011, a charge-sheet has been filed on 3/5/2011 in the 9th Court of Metropolitan Magistrate at Bandra. The case came to be registered as CC No. 864/PW/2011 on 6/5/2011 and it has been already committed to the Sessions Court, where it is registered as Sessions Case No. 451 of 2011 for the offence punishable under Section 302 of IPC. A copy of the charge-sheet has been placed before us by Ms. Mhatre, the learned APP. As per the post mortem report 2 cri-wp-1627-11 as well as the certificate issued by the Medical Officer, Post Mortem Centre, Juhu, a cause of death of Manoj, the son of the petitioner, is, “shock due to cervico – thorasic spinal injury” (unnatural death). Viscera was sent to the Prof. Of Pathology, Grant Medical College, J.J. Groups of Hospital Compound, Byculla, Mumbai – 400 008 on 6/7/2011 by the Medical Officer. The only grievance raised before us by the learned counsel for the petitioner was that her statement was not recorded during the course of investigation and that the accused was not Kunal Mayekar but Kunal Yadav. The charge-sheet shows that the petitioner’s statement was recorded by the IO on 7/2/2011 and as per the supplementary statement of Deepak Kantilal Anjara recorded on 8/2/2011, Kunal Jagdish Mayekar is the same person as Suryakant Jagdambaprasad Yadav. Once the case has been committed to the Sessions Court, it is not prevented from exercising its power under Section 311 of Cr.P.C. if the case is made out. In our opinion, no further directions are required to be issued in this petition and at this stage. 3 cri-wp-1627-11 Hence, the petition is disposed with liberty as is available in law. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)