cri-wp-2319-09 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2319 OF 2009 Ajay Dayaram Shenvekar .. Petitioner Vs. The State of Maharashtra and ors. .. Respondents Mr. Subhash Jha i/by M/s. Law Global for petitioner. Mrs.P. P. Shinde, APP for State. CORAM: B. H. MARLAPALLE & SMT. ROSHAN DALVI, JJ. JULY 15, 2010. P.C. 1. We have heard Mr. Jha the learned counsel for the petitioner. Mrs. Shinde, the learned APP, appears for the State. 2. After this petition was moved in August 2009 with a prayer for transfer of investigation in C.R. No. 102 of 2009 registered with Dattawadi Police Station at Pune, to CBI and/or to the State CID and/or any other investigating agency, on completion of investigation, a charge-sheet has been filed on 14/11/2009 in the court of learned JMFC and for the offences punishable under Sections 306, 498-A read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act, as has been stated in the affidavit in reply filed by Shri Dattaram Gopinath Bagwe, Police Sub Inspector from Dattawadi Police Station. 3. By way of abundant precaution, we have perused the remand application along with the charge-sheet copy and it is noticed that the charge-sheet is filed against Prashant Harishchandra Kumbhar, the husband of the deceased, Smt. Sarita Kumbhar, the mother-in-law, Smt. Pragati Santosh Salvi, the sister-in-law and Smt. Neeta Anant Patkar, the alleged paramour of accused no.1. As many as 16 persons have been shown as the witnesses in the charge-sheet. 4. It is well settled that the trial court has powers to direct further investigation under Section 173(8) of Cr.P.C., if so required, as and when the trial starts and under Section 319 of the said Code, it also has the powers to direct inclusion of any other accused. In addition, as per the amendments brought into force with effect from 31/12/2009 in the Criminal Procedure Code, the complainant is entitled to engage an Advocate so as to assist the Public Prosecutor during the trial. 5. Hence, there is no case, at this stage, to transfer investigation in C.R. No. 102 of 2009 to any other agency and the petition is rejected. (SMT. ROSHAN DALVI,J.) (B. H. MARLAPALLE, J.)