1 3552mkptil rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3552 OF 2010 Smt.Rupali Mahesh Honrao at present residing at C/o Shri Madhukar Annaso Kanade Behind Nagaland Hotel,Nr Swami Samarth Temple, Pandharpur, Taluka Pandharpur District Solapur .. Petitioner vs 1.The State of Maharashtra Thr.Principal Secretary,Home Dept, Government of Maharashtra,Mantralaya, Mumbai-400 032. 2.The Director General of Police, Maharashtra State,Shaheed Bhagatsingh Road, Mumbai-400 023. 3.The Supt of Police Solapur District, Solapur. 4. Shri D.S.Swami Sub-Divisional Police Officer, Akluj Division,Akluj Taluka Malshiras, District Solapur .. Respondents Mr.M.A.Patil for Petitioner Ms.M.H.Mhatre APP for State CORAM: P.V.HARDAS & N.D.DESHPANDE, JJ DATE : 14th March, 2011. 2 3552mkptil ORAL JUDGMENT ( Per P.V.Hardas, J ) 1. Rule. Rule made returnable forthwith. With consent of the parties this Petition is heard finally at the stage of admission. 2. By this Petition, filed under Article 226 of the Constitution of India the Petitioner prays for issuance of necessary directions to the respondents to handover the investigation of Crime No.61/2010 registered on 2nd March,2010 by the Sangola Police Station, District Solapur to an independent agency like Central Bureau of Investigation. The other reliefs pertains to certain ad interim reliefs which the Petitioner has prayed for. 3. The Division bench of this Court by its order dated 19th January,2011 perused the report 3 3552mkptil submitted under the signature of the Investigating Officer on 18th January,2011. The Court upon its perusal found that one year had elapsed but, the real accused in the commission of the offence have not been traced. In the light of the matter, the Court directed that the investigation should been entrusted to an independent agency such as State- CID. The Court therefore, directed the Respondent-State to entrust the investigation to the State-CID to be conducted by an Officer not below the rank of Deputy Superintendent of Police Of the concerned area. The Division Bench also directed that the investigation be handed over to the Deputy Superintendent of Police not later than 27th January,2011. The Division Bench thereafter came to the conclusion that the matter be placed on 10th February,2011 in order to examine the progress in the investigation. On 10th February, 2011 the Court was informed that investigation had been handed over to the State-CID on 25th January, 4 3552mkptil 2011 and therefore deferred the hearing to 14th March,2011 for submission of the report about the investigation done by State-CID. 4. Today, the report has been tendered before us by the learned APP and a perusal of the report shows that the State-CID has already commenced the investigation. In the said report it is stated that the matter would be investigated expeditiously and the learned APP also states before us that the State-CID would conclude investigation expeditiously and take further steps after completion of the investigation in accordance with law. 5. We therefore, allow the Petition and make Rule absolute in terms of order of this Court dated 19th January,2011 as well as statement made by the learned APP before us which we accept as an undertaking to the court. In the light of the 5 3552mkptil matter therefore according to us, it is not necessary to keep the Petition pending any further. If the Petitioner is aggrieved by the investigation which is carried out by State-CID it is needless to state that the Petitioner may resort to such remedy as are available to the Petitioner in law Rule made absolute in above terms with no order as to costs. (N.D. Deshpande, J) (P.V.Hardas, J)