8. wp 439-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 439 OF 2011 Mrs. Pamela Bromley, ] Aged about 66 years, Inhabitant of England, ] residing at Highfield House, Trowbridge, ] Wiltshire, England BA 14 7 JP, and residing ] presently at Hotel Chateau Windsor, ] Churchgate. ] Petitioner Versus 1. The State of Maharashtra, ] Through its Department of Home, ] Mantralaya, Mumbai. ] 2. The Commissioner of Police, ] Greater Mumbai, Police Commissioner's ] Office, Mumbai. ] 3. The Senior Inspector of Police, ] Economic Offence in Unit II, ] GBCBCID, Mumbai. ] 4. Senior Inspector of Police, ] Colaba Police Station, Mumbai - 400 005. ] Respondents Mr. B.H. Mehta for the Petitioner Ms. M.H. Mhatre, APP for the State Mr. D.V. Patil - Investigation Officer present 1 8. wp 439-10.doc CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. ORAL JUDGMENT (Per HARDAS, J.): 1. Heard learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission. 3. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ of mandamus directing respondent nos. 3 and 4 to register an offence against the persons named in prayer clause (a) to the petition. The petitioner further prays vide prayer clause (b) to the petition for issuance of a writ of mandamus directing respondent no. 1 to constitute a special investigating team to investigate the case under the supervision of the Joint Commissioner of Police (Crime) and file a report in this Court. 4. It appears that pursuant to the report lodged by the petitioner, Economic Offence Wing Unit II, G.B.C.B.C.I.D. and Colaba Police Station registered an offence only against one accused who was named in the complaint. The registration of the offence only against one accused has impelled the petitioner to file this petition. It appears that Division Bench of this Court vide 2 8. wp 439-10.doc its order dated 22nd February 2011 recorded the statement made by the learned Additional Public Prosecutor that the investigating officer would move the concern Court for enabling him to undertake further investigation in exercise of the powers under Section 173(8) of the Code of Criminal Procedure and then proceed in the matter in accordance with law. The learned Additional Public Prosecutor, pursuant to the aforesaid order states before us that the investigating officer has indeed obtained the permission of the concerned Court under Section 173(8) of the Code of Criminal Procedure and has commenced the investigation. 5. The learned Additional Public Prosecutor further states on instructions of the investigating officer who is present in the Court that the investigating officer would diligently pursue with the investigation and complete the investigation as expeditiously as possible and take further steps in accordance with law. We accept the aforesaid submissions as an undertaking to the Court. In the light of the aforesaid statement, according to us, the principal grievance of the petitioner in this petition, stands satisfied. We see no point in keeping the present petition pending indefinitely. 6. We accordingly allow this petition to a limited extent in terms of the statement made by the learned Additional Public 3 8. wp 439-10.doc Prosecutor that the investigating officer to proceed with the investigation diligently and complete the same as expeditiously as possible and take further steps in accordance with law. It is needless to say that the petitioner, if aggrieved by the action of the investigating officer subsequent to the completion of investigation made, may avail such remedies as are available to the petitioner in law. 7. Rule is therefore made absolute in the above terms with no order as to costs. Since the other prayers in the petition do not arise for decision at the present stage, we also grant liberty to the petitioner to avail such remedies as are available to the petitioner in law in respect of aforesaid prayers. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 4 8. wp 439-10.doc 5