1 wp2385.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2385 OF 2010 Shri Sagarraj S. Deshpande. ....Petitioner Vs. The State of Maharashtra. ....Respondent. Mr.Ujwal Agandsurve for petitioner. Mr. K.V.Saste, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- AUGUST 23, 2010 P.C. 1. Heard Counsel for the parties. The only grievance made before us is that the body recovered by the police is not of the deceased. To buttress this argument, reliance is placed on report of the Medical Officer dated 3rd March, 2010, which records that the deceased was not pregnant at the time of post mortem examination, as no foetus were noted in the uterus of the said deceased. Learned APP submits on instruction that considering the deficiency in the investigation, the matter has now been assigned to superior officer(Sub- divisional Officer, Mangalvedhe) to investigate the entire matter afresh. In any 2 wp2385.10 case, the issue raised by the Petitioner before us cannot be decided on the basis of document Exh. "E" alone. That would be a matter for trial and cannot be the basis to quash the entire FIR. Accordingly, this Petition is dismissed. (U.D.SALVI, J) (A.M.KHANWILKAR, J)