IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2648 OF 2009 Mrs. Fatima wife of Firoz Ansari .. Petitioner. V/s. The State of Maharashtra & Ors. .. Respondents. --- Mr. K.H. Giri for the Petitioner. Dr. F.R. Shaikh, APP for the Respondent- State. --- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATED : 10TH NOVEMBER, 2009 P.C. : 1. The learned APP, after seeking instructions from the Investigating Officer, API- Jadhav, states that for want of C.A. Report, the chargesheet is held back. If this is so, we find no reason why the Investigation Officer do not file chargesheet if the investigation is over and as there is no legal impediment in the way of the Investigating Officer in doing so. 2. Sofar as the C.A. Report is concerned, on the receipt of the C.A. Report, the same shall be filed in the court of the Magistrate, who is competent to take cognizance of the matter. The learned APP submits that if this is so, the Investigating Officer would file his report on or before 13th November, 2009. We accept the statement made by the Investigating Officer before this court and in case the order/ statement is not complied with the officer concerned would be liable for appropriate action. 3. In view of the aforesaid, nothing survives in the petition. However, if the petitioner has any grievance he is at liberty to move the concerned Magistrate either by filing a complaint case or objection to the report by filing proper application. Therefore, we find that no purpose would be served in again handing over the investigation to the CBI as the investigation is already over. Therefore, the petition is dismissed. Liberty to move in case the Investigating Officer fails to file report as stated before this court. (J.N. Patel,J.) (A.A. Sayed,J.) .....