1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.505/2008 Shatrughna Shripat Nimbalkar vs. The state of Maharashtra, & others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ------------------------------------------------------------------------------------ CORAM : A.P. Lavande & Prasanna B.Varale,JJ. DATE : 28.4.2009 Heard Mr. R.K. Tiwari, learned counsel for the petitioner and Mr. S.S. Doifode, learned A.P.P. For the respondents. 2. By this petition, the petitioner who has been convicted by the Additional Sessions Judge, Khamgaon vide Judgment and order dated 12.5.2008 in Sessions Trial No. 83/2004 for the offences punishable under Sections 302, 364 and 201 of the Indian Penal Code and sentenced to death for offence punishable under Section 302 of the Indian Penal Code and to undergo and R.I. for 3 years and to pay a fine of Rs. 500 and in default to suffer further R.I. for 3 months for the offence punishable under Section 364 of the Indian Penal Code and to suffer R.I. For 3 years and to pay a fine of Rs. 500/- in default to suffer further R.I. for 3 months for the offnce punishable under Section 201 2` of the Indian Penal Code seeks inquiry by C.I.D. in respect of the First Information Report lodged against him by Shrikrishna – father of deceased Shubham. According to the petitioner, he has been falsely implicated and he is the only bread earner of his family and his family members have suffered emotionally and financially by his false implication. 3. By Judgment delivered today in Criminal Confirmation Case no. 1/2008 and Criminal Appeal No. 457/2008 we have set aside the conviction and sentence imposed on the petitioner by the Additional Sessions Judge, Khamgaon vide Judgment and order dated 12th May, 2008 in Sessions Trial No. 83/2004 and remanded the matter to the Additional Sessions Judge, Khamgaon, We see no reason to grant relief sought by the petitioner at this stage. In our opinion, no case has been made out for fresh investigation by C.I.D. At this stage. Hence, the petition is summarily rejected. 4. The Registry to send copy of the order to the petitioner who is presently in jail. JUDGE JUDGE patle 3`