1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 687 OF 2010 Mukesh Vijay Jha .... Petitioner vs The State of Maharashtra & ors. .... Respondents Mr.Sanjeev P. Kadam for the petitioner. Mr. A.S. Gadkari, APP for State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 8th June, 2010 P.C.: We have heard Mr.Kadam, learned counsel for the petitioner and Mr. Gadkari, learned APP for the respondents. 2 As per the affidavit filed by Shri M. Y. Jadhav, who was the investigating Officer at the relevant time, a charge-sheet has been filed on 03.12.2009 against three accused who have been released on bail and other accused have been shown as absconding. The charge-sheet has been filed for the offences punishable under Sections 307, 326, 452 and 143 to 149 of I.P.C. Shri Jadhav and the petitioner are present in the Court. 3 The grievance raised in this petition is regarding the laxity of investigation and it is submitted by Mr. Kadam that the investigation was not upto the expected standard and despite the lapse of more than one year the actual assailants could not arrested. Mr. Kadam also submitted that the three accused arrested and 2 released on bail are the conspirators and the trial will not be effective and complete unless the absconding accused who are alleged to be the main assailants are arrested and shown as accused. 4 The petitioner, who is an Advocate by profession, states that he will approach the Senior P.I. of Bhandup Police Station within two days from today for recording additional/further statement. We have been assured by Mr. Gadkari, learned APP that the Senior P.I. of Bhandup Police Station will appoint the Police Sub Inspector in place of Shri M. Y. Jadhav, who is presently attached to the Pantnagar Police Station and the said appointed P.S.I. Shall record the statement of the petitioner. Based on the further/additional statement so recorded, further investigation will be undertaken as contemplated under Section 173(8) of Cr. P. C. 5 Hence, we direct the Senior P.I. of Bhandup to take appropriate steps to record the further statement of the petitioner, if he approaches the said Police Station within two days from today and carry out further investigation as contemplated under Section 173 (8) of Cr. P. C. and take further steps as required under law. 6 The Petition is disposed in terms of above directions. 7 All the parties concerned will act on the basis of an authenticated copy of this order. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)