-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.44 OF 2008 Ramnikbhai Odhavjibhai Aatha : Petitioner V/s. The State of Maharashtra & Ors. : Respondents (Nos.3 to 8-Orig.Accused) ... Mr.Surel S. Shah for the petitioner. Mr.A.S.Gadkari, Addl. Public Prosecutor for the State. ... CORAM : BILAL NAZKI & S.A.BOBDE,JJ. DATE : JANUARY 14, 2008. P.C. 1. Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State. 2. An F.I.R. is filed before the police which is pending investigation. So far the charge-sheet also has not been filed. The petitioner wants this Court to give a direction to the respondent no.2 to register a case under section 304-B along with 498-A as, according to him, the police have already registered a case against the respondent nos.3 to 8 under section 498-A. The learned Addl. Public Prosecutor states that the case is still -: 2 :- under investigation. We do not think it proper for us to examine on the basis of statements recorded under section 161 in an offence registered under section 498-A as to whether an offence under section 304-B is also made out at present stage as primarily it is the job of the investigating agency. We hope that the investigating agency will look into all matters during investigation. The writ petition is misconceived and is dismissed. The dismissal of this Writ Petition will not be an expression of any opinion on the facts of the matter. (BILAL NAZKI, J.) (S.A. BOBDE, J.)