1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 670 OF 2009 Varsha Vitthal Vayale Vs. State of Maharashtra thr. Principal Secretary Home Ministry Mumbai & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri K. D. Fule Adv for petitioner. Shri T. A. Mirza APP for respondents. CORAM: A. P. LAVANDE & P. D. KODE JJ. Dated: 1 st FEBRUARY, 2010. Heard Shri Fule learned counsel for the petitioner. By this petition the petitioner seeks following reliefs: “1] Issue appropriate writ, or order for the Fair, Impartial and proper investigation in the matter vide FIR No. M/1, u/s 306, 294, 506-B, 201 and 34 of I. P. C. registered at Police Station Ner on dated 2/9/2009. 2] Stay the investigation in FIR No. M/1, u/s 306, 294, 506-B, 201 and 34 of 2 I. P. C. by P. S. O. P. S. Ner and handover the investigation to independent Agency like the Central Bureau of Investigation or State CID. 3] Direct the immediate arrest of all the accused persons in the above said matter. 4] Direct the immediate suspension of all the 8 accused police personnels in the said matter. 5] Grant, the compensation of Rs. 5,00,000/- to the petitioner and her minor child in the said matter of FIR No. M/1, as her deceased husband committed suicide in the police station New while in illegal custody of Police.” Admittedly the petitioner filed Writ Petition No. 691 of 2008, aggrieved by the inaction of the police to register the F. I. R.. However that petition was allowed to be withdrawn by order dated 03.07.2009 with liberty to the petitioner to file a private complaint. Pursuant to the said order the petitioner has already filed private complaint and learned Magistrate has directed investigation in terms of Section 156(3) of Criminal Procedure Code. It is the grievance of the petitioner that inspite of the order under Section 156(3) of the Criminal Procedure Code, investigation is not being carried out properly. Learned counsel for the petitioner therefore submits that this Court should interfere and 3 give appropriate directions including handing over of the investigation to Central Investigation Bureau. Having regard to the facts petitioner has chosen to file private complaint in terms of Section 190 Criminal Procedure Code and the Magistrate had already directed investigation in terms of Section 156(3) Criminal Procedure Code and having regard to the fact that investigation is in progress we are of the considered opinion that this is not a fit case for us to interfere at this stage. Petitioner is at liberty to avail appropriate remedy if she so desires, if the cause of action arises. Writ Petition stands disposed of accordingly. JUDGE JUDGE svk 4 5 6