1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1278 OF 2010 Mrs.Bismillah Begum Abdul Kadar Shaikh .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Mr.Prakash Wagh for the petitioner. Mrs.S.D.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 26TH APRIL, 2010. P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. By this petition the petitioner, who is the mother of one Mohd. Ajmeri Abdul Kadar Shaikh, seeking direction to transfer the investigation to the C.B.I. It appears that a C.R., bearing C.R.No.69 of 2010, has been registered by Nehru Nagar police station against the son of the petitioner for the offence under sections 363, 376, 302 of I.P.C. It is alleged that the son of the petitioner kidnapped a minor girl of nine years and committed rape and killed her. The police have registered offence against the petitioner’s son and the investigation is in progress. According to learned A.P.P., there are witness, who had seen the petitioner’s son last in company of the deceased girl. Mr.Wagh, learned counsel for the petitioner submits that there is material to show that the petitioner’s son was detained S 2 by the police under section 151 of the Code of Criminal Procedure on 5.3.2010 and was released on 6.3.2010. This material alongwith the medical papers of Bhabha Hospital would show that the petitioner did not commit the alleged offence. The offence, according to the prosecution, took place sometime between 6.30 pm on 6.3.2010 and 10.05 am on 7.3.2010. Keeping that in view we would not like to examine the defence of the accused at this stage. The investigation is in progress. We do not find any reason to transfer the investigation, at the instance of the petitioner merely because she feels that offence must have been committed by some other person and not by her son. In the circumstances the petition is dismissed. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)