1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PEITITION NO: 396/2008 (Mrs. Harbans Kaur and one vs. State of Maharashtra and another) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 03rd October, 2008. *** Heard Mr. D.S. Shrimali, learned counsel for the petitioners and Shri S.Y.Deopujari, learned APP for Respondent-State. 2. In the instant petition, the grievance of the petitioners is in respect of the nature of investigation carried out by the respondents in the offence of theft. It is contended that the petitioners received the call from from Umrer Police Station that the truck belonging to the petitioners which was stolen by the culprits, was standing on the road at Umrer. The said information was given to the Police Station officer MIDC and, on the basis thereof, the truck was attached and handed over to the petitioners on suprutnama. It is contended that the truck was stolen from MIDC Area of Nagpur. The truck was loaded with iron material worth about Rs.10 lakhs. It is contended that though the respondents have registered crime bearing Cr. No.86/2008, for offence punishable under section 379 of the Indian Penal Code against 2 unknown persons, however, the property i.e. iron rods etc. is not recovered by the Investigating Officer nor they could arrest anybody and, therefore, appropriate direction in this regard be given to the Investigation Officer for proper investigation. 3. Mr S.Y. Deopujari, the learned APP on the other hand, has submitted that the respondents are investigating the offence with all seriousness and taking all efforts to apprehend the culprits. It is contended that in the last affidavit filed on behalf of Respondents dated 4.9.2008 it is already mentioned that during the investigation, the Investigating Officer has already recorded statements of as many as seven witnesses. Some of the witnesses are scrap dealers from Nagpur. The learned APP has submitted that the crime will be investigated with all seriouness and appropriate steps shall be taken for apprehending the culprits and recovering the stolen property. It is contended that the Investigating Officer shall file an affidavit after five weeks wherein details about further investigation conducted by the respondent no.3 will be mentioned. 4. We have considered the above-referred facts and circumstances. In the instant case, it is really unfortunate that in broad daylight, the truck was stolen from MIDC, Nagpur and till this day, Police are unable to arrest anybody though the 3 stolen truck was found, attached and handed over to the petitioners on suprutnama. Offence u/s 379 IPC is also registered against unknown persons on 21.5.2008. 5. We, therefore, direct the respondent no.3 to conduct further investigation effectively and file an affidavit after five weeks, which must contain the steps which are taken by the Investigating Officer in the course of investigation, from now onwards. The copy of the said affidavit be furnished to the learned counsel for the petitioners. It will be open for the petitioners to request this Court for further orders, if necessary. 6. In the circumstances, Criminal Writ Petition is disposed of, with above directions. JUDGE JUDGE sahare