1 cr-wp-547-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 547 OF 2011 Mukesh Bhansilal Jhaveri ..Petitioner Vs. The State of Maharashtra and Anr. ..Respondents .... Mr. P.D.Desai i/b Little & Co. for Petitioner Mr. A.S.Gadkari A.P.P. for the State Mr. I.A.Bhagaria Advocate for Respondents 2 and 3 .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : MARCH 23, 2011 PER COURT: 1 By this petition under Article 226 of the Constitution of India the petitioner prays for transfer of the investigation of Crime No. 127 of 2009 from the present Investigating Officer to any other Officer or transfer the investigation to the State C.I.D. Mumbai. The learned A.P.P. states on instructions that on 25th February, 2011, `B+’ Summary has been filed in the aforesaid crime. The learned Magistrate has also issued notices to the complainant and the notices are returnable on 4th June, 2011. In the light of filing of `B’ Summary, according to us, the prayer of the petitioner 2 cr-wp-547-11 for transfer of the investigation does not survive any longer. The petitioner, apart from that, has an alternate remedy of appearing before the learned Magistrate and contesting `B’ Summary. In that light of the matter therefore since the relief which the petitioner has prayed for in this petition has been rendered infructous, we dismiss the petition as such with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]