1 cri-wp-1509-11.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1509 OF 2011 Mrs. Sarvar Jan Abdullah Khan ...Petitioner Versus The State of Maharashtra ...Respondent Mr. Rishi Bhuta for petitioner. Ms. M.H. Mhatre, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 28, 2011. P.C. 1. Heard Mr. Bhuta the learned counsel for the petitioner, who is a lady of 92 years of age. She approached the 51st Court of Metropolitan Magistrate at Kurla by a private complaint, in which an order directing investigation under Section 156(3) of Cr.P.C. was issued and consequently MECR No.1 of 2011 came to be registered with the 2 cri-wp-1509-11.doc Kurla Police Station. 2. The main grievance raised in this petition is about the alleged inaction on the part of the Police Station or the IO concerned to take any further action against the accused and, therefore, the petitioner has prayed for taking action against the erring officers as well as to transfer the investigation from Kurla Police Station to any other Police Station. 3. As directed by us, Maruti G. Jadhav has filed affidavit-in- reply and he is the IO in MECR No. 1 of 2011 registered for the offences punishable under Sections 420, 465, 467, 468 and 471 read with Section 34 of IPC. He has stated in his affidavit that on completion of the investigation “C” Summary report has been submitted to the learned Metropolitan Magistrate on 27/6/2011. As per Mr. Bhuta this report is far from the facts and the IO himself is acting with vested interest and has deliberately submitted such a report. Mr. Bhuta also mentioned of a latest incident of a serious complaint by the petitioner against the very same accused persons and the high-handedness of the IO in refusing to register a complaint. 3 cri-wp-1509-11.doc 4. In our opinion, these are all issues to be addressed before the learned Metropolitan Magistrate when he takes up the “C” Summary report for consideration and undoubtedly the petitioner has the right to plead her case not to accept the said report and direct further investigation by the same Police Station or any other Police Station or by a different IO. 5. Hence, the petition is disposed with liberty as is available in law. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)