1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.312 OF 2009 IN CRIMINAL WRIT PETITION NO.2115 OF 2008 Ashok S/o. Neminath Katkar ...Applicant (Orig. Petitioner) Vs. The State of Maharashtra & Ors. ...Respondents Mr.D.G.Dhanure, Advocate for the Applicant Mrs. V.R.Bhosale, A.P.P for the State CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 22ND SEPTEMBER, 2009 P.C. : 1.Heard Mr. Dhanure, learned Counsel for the applicant, who has filed Criminal Writ Petition No.595/2008. 2.The petitioner s son by name Gajanan is reported to be missing since 11 th May, 2008 and his whereabouts are not known till this date. On 19 th May 2008 he approached the police station at Panvel and filed a complaint about the same. 3.Gajanan had completed his B.Tech and was a student of M.Tech at D.Y.Patil, College, CBD, Belapur in the academic year 2007-2008. As per 2 the petitioner his son Gajanan was also involved in research of some medicine to cure diabetes and had participated in Seminars. He also had contacted the accused to contribute and subscribe to Science Bio Research International . 4.Pursuant to the orders passed by this Court from time to time, Panvel City Police Station has filed progress report and the latest of such reports is dated 14 th September, 2009. In the affidavit in reply filed by the Investigating Officer, the prayer for the transfer of investigation to the Crime Branch has not been opposed and it is left to this Court. As per the Investigating Officer all possible efforts have been made and the whereabouts of Gajanan were tried to be traced. The details on the mobile calls have also been obtained from the concerned service provider i.e. AIRTEL and still no clue could be found to trace Gajanan. The petitioner suspects that his son has been abducted and more particularly by some foreign party and as per him Gajanan has left the shores of this Country. Though there is no material to accept the theory alleged by the petitioner, but the fact remains that Gajanan has been missing for the last more than 13 months and the police have no clue 3 whatsoever about his whereabouts, if he is alive. 5.We, therefore, deem it appropriate to hand over the investigation to the Maharashtra State C.I.D (crime), and we direct the Commissioner of Police, New Mumbai to hand over the investigation in C.R.No.46/2008 registered with Panvel City Police Station to the Maharashtra State CID (Crime). The Additional Director General of the State CID (Crime) Pune to assign the investigation to an officer not below the rank of ACP/Deputy S.P immediately on receipt of the investigation papers from the Panvel City Police Station and the newly appointed Investigating Officer shall file progress report on the investigation, on 16 th October 2009, before this Court. 6.The Criminal Application is disposed off in terms of the above order. Writ Petition to be listed on 16 th October, 2009 for further orders. 7.Copy of this order be forwarded to Shri S.P.S.Yadav, Additional Director General, State C.I.D (Crime), Pune. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]