1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3129 OF 2010 Mr.Shashilal Nair. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Mr. Niranjan Mundargi with Mr. Prashant Gawali, advocate for petitioner. Mr. D.P.Adsule, APP for respondent-State. Mr. D.S.Patil, P.I. Bandara Police Station. CORAM:- P.V.HARDAS AND M.N.GILANI, JJ DATED:- MARCH 22, 2011 P.C. 1. Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties, this Petition is heard finally at the stage of admission. 2 By this Petition under Article 226 of the Constitution of India, the Petitioner prays for issuance of writ of mandamus for directing the transfer of investigation of Crime No.549 of 2008 from Respondent No.4 to any other independent investigating agency preferably CBI, Crime Branch or the State 2 C.I.D. 3 A reference at this juncture may usefully be made to the order passed by the Division Bench of this court dated 3rd March, 2011. The Division Bench of this court accordingly by the aforesaid order at paragraph-2 recorded the statement made on behalf of the new Investigating Officer Shri P.I.Patil that he would examine the matter and take necessary steps, as may be required including invoking the powers for further investigation and to file supplementary police report. The Division Bench at paragraph-3 further recorded an assurance on behalf of the new Investigating Officer who had replaced the earlier Investigating Officer who was responsible for filing a deficient chargesheet and therefore, directed the matter to be listed on 22nd March, 2011. 4 The Investigating Officer who is present in court has instructed the learned APP that accordingly necessary permission under section 173(8) of the Code of Criminal Procedure has been obtained from the learned Magistrate and the Investigating Officer has commenced the investigation. It is further stated that necessary investigation would be carried out approximately within four weeks from today and the Investigating Officer would take such steps in 3 accordance with law as per what is revealed in the investigation. 5 In the light of the fact that earlier Investigating Officer has been replaced by the new Investigating Officer, the reliefs as prayed by the Petitioner in this Petition stands granted to him. Further, we find that the new Investigating Officer has obtained permission from the Magistrate for conducting additional investigation and accordingly has commenced the investigation. In that light of the matter, therefore, we make rule absolute in terms of the order of this court dated 3rd March, 2011 and accept the statement made on behalf of the Investigating Officer who is present in court that the investigation would be completed as expeditiously as possible. In the circumstances, there will be no order as to costs. (M.N.GILANI, J) (P.V.HARDAS, J)