THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 30891 OF 2011 DATED:28-11-2011 Between: Mohd. Jabeer Ahmed … Petitioner And Station House Officer, Police Station Bhainsa (T), AP Bahinsa, Adilabad and four others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 30891 OF 2011 ORDER: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. It appears that a complaint was made by one Jadhav Shanker against respondent No.5 to the effect that he is running a nursing home with a sex determination machine and that this is illegal. The further allegation is that the nursing home is not registered and while conducting delivery one Shoba Bai, her new born child had died. It is stated that under these circumstances, respondent No.5 should have been booked for an offence under Section 299 of the IPC. 2. Investigations into the case are still going on and it appears from what we have been told by learned counsel for the petitioner that a case has been registered against respondent No.5 under Section 304A of the IPC. It is submitted that a case ought to have been registered against respondent No.5 under Section 420 of the IPC also. 3. The Investigating Officer appears to have looked into the allegations with regard to an offence having been committed under Section 420 of the IPC and found no substance in it. 4. Under these circumstances, a prayer is made in this writ petition to direct respondent No.2 i.e., the Superintendent of Police, Adilabad District to conduct reinvestigation into Crime No. 83 of 2011 and to submit a report to this Court or this Court may entrust investigation to the State CID or the CBI. 5. The admitted position is that no final report is filed by the Investigating Officer under Section 173 of the Cr.P.C. Investigations are still going on and as they are not concluded, we do not think it appropriate on the facts of this case to interfere in the investigations. 6. A more serious case under Section 304A of the IPC has already been registered against respondent No.5. If the petitioner has any grievance with regard to non- registration of an offence under Section 420 of the IPC, he may approach the Investigating Officer or if necessary, the jurisdictional Magistrate. 7. In our opinion, this is not a fit case for the exercise of our jurisdiction in public interest. 6. The writ petition is dismissed. 7. The miscellaneous application also stands dismissed. MADAN B. LOKUR, CJ SANJAY KUMAR, J 28-11-2011 ks