1 wp-468-2011.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.468 OF 2011 Sunil Kumar Nandpal Lohriya ...Petitioner Versus Shri Vijay Vatkar & anr. ...Respondents Mr.M.H.Ahooja for petitioner. Mr.A.S.Gadkari, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 13, 2011. P.C. 1. Heard Mr.Ahooja, the learned counsel for the petitioner. 2. The petitioner approached this Court initially in Criminal Writ Petition No.1673 of 2010 seeking directions to the concerned police 2 wp-468-2011.doc station to register FIR against Shri Sumeet Bachewar and others and to issue directions to seize all original documents from CIDCO pertaining to Plot No.187, Sector 20, Ulwe Soankar, Navi Mumbai admeasuring about 4200 sq.mtrs. The said prayer is also again made in this petition as well. 3. The Criminal Writ Petition No.1673 of 2010 was disposed off by this Court on 12/10/2010 by directing the ACP, Crime Branch to register an FIR on the basis of the written complaint signed by the petitioner and cause investigation in accordance with law. It was further directed that the officials who had conducted preliminary enquiry should not be associated with the investigation and instead the ACP would ensure that the investigation would be done independently and without placing reliance on the earlier report. 4. Accordingly the FIR was registered and the investigation was undertaken. On completion of the investigation a charge-sheet has been filed before the competent Court on 11/3/2011 which is not disputed. The crime registered was for the offences punishable under Sections 420, 467, 406, 468, 471, 506 of IPC. 3 wp-468-2011.doc 5. In this fresh petition the petitioner prays for transfer of the investigation to the State Intelligence CID from the ACP Crime in FIR No.457 of 2010 and to give directions to seize all original documents and records in the file of CIDCO in respect of Plot No.187, Sector 20, Ulwe Soankar, Navi Mumbai. The petitioner also prays for this Court to supervise investigation in FIR No.457 of 2010 registered with Navi Mumbai Police Station pursuant to the directions issued by this Court in Criminal Writ Petition No.1673 of 2010 6. As the charge-sheet has been filed on completion of investigation in FIR No.457 of 2010, we do not find any case made out to transfer the investigation at this stage to some other agency. If there are any deficiencies in the final report submitted to the Court below, the remedy of filing an application for further investigation under Section 173(8) of Cr.P.C. is in tact and the same could be invoked. We are, therefore, satisfied that this petition does not survive any further and the competent Court below may consider further steps to be taken including directions to continue further investigation under Section 173(8) or examine any additional witnesses under Section 311 of Cr.P.C. 4 wp-468-2011.doc 7. The petition is rejected. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)