8w2818-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2818 OF 2009 Shri Sandesh Sudam Gujar. .. Petitioner. Vs. State of Maharashtra and another. .. Respondents. .... Mr.Balasaheb Deshmukh, Advocate for the petitioner. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 27TH APRIL, 2010 P.C. 1. Heard learned Counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner has prayed for transferring the investigation from local police station to any other independent agency, such as CID, and such a prayer is made contending that the Investigating Officer is not carrying out proper and fair investigation in FIR No.I-289 of 2009. The State has filed reply affidavit stating as to what investigation has been carried out so far and what further steps they propose to take for completing the investigation. It appears that during the investigation, the police have arrested four 8w2818-09 2 accused and filed chargesheet on 16.12.2009 against them. Insofar as the other persons, named by the petitioner in the complaint / supplementary statement, are concerned, according to the prosecution, they are absconding. The prosecution is making all efforts to apprehend the absconding accused. Merely because remaining two accused are not arrested so far, in our opinion, that cannot be a ground for transferring the investigation and we are satisfied that whatever investigation has been carried out so far is on the right track and, therefore, transfer of the investigation is not necessary. Hence, the Petition is dismissed. We hope and trust that the Investigating Officer shall make all efforts to arrest the remaining accused and file supplementary chargesheet at the earliest. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)