wp-16-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 16 OF 2011. Divyesh K. Kothari ...Petitioner Versus Mr Shailesh H. Kothari & others...Respondents ...... Mr Amit Sheth, Advocate for Petitioner. Mr A.S. Gadkari, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 3rd February, 2011. P.C. 1. The relief claimed in this petition is to direct the Investigating Officer to file supplementary report under Section 173 (8) of the Code of Criminal Procedure, to place on record additional material. The other relief is for directing the Magistrate to permit the petitioner to give further evidence. Insofar as first relief is concerned, that cannot be countenanced considering the fact that the trial has been allowed to proceed on the basis of the charge-sheet already filed and it has now reached the stage of recording of statement of the accused under Section 313 of the Code of Criminal Procedure. At this stage, relief of wp-16-11 directing the Investigating Officer to undertake further investigation cannot be countenanced. 2. Insofar as the other relief against the Magistrate is concerned, the petitioner is free to take out appropriate application before the concerned Court which will be decided on its own merits in accordance with law. The direction as prayed cannot be granted in the absence of cause made out by the petitioner for permission to produce further evidence during the trial as per the provisions of law. That aspect will have to be considered by the Trial Court. 3. The petition is disposed of on the above terms. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)