1 438.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.438 OF 2011 Mr.Sanjay Jagdambikaprasad Shrivastava & Ors. ...Petitioners Versus The Special Executive Magistrate & Ors. ...Respondents ...... Mr.A.R.Dubey for Petitioners. Mr.D.P.Adsule, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 22, 2011. P.C. 1. Heard Counsel for the petitioners and the learned A.P.P. 2. The first relief claimed in this Petition is to strike down Sections 110 and 111 of Criminal Procedure Code. When called upon to address in the context of this relief, learned Counsel for the petitioners stated that he would not press this relief. 3. Insofar as prayer clause (b) is concerned, it is prayed that the investigation of the case be entrusted to independent agency. It is not in dispute that the petitioners have been named as accused. It is well 2 438.11 established position that at the instance of the accused, the investigation cannot be transferred from one agency to another or to particular agency of the choice of the accused. We are not inclined to entertain prayer clause (b) of the Petition. In prayer clause (b), it is also mentioned that the petitioners were in unlawful detention and the Respondents 1, 2 and 3 omitted to make proper record of judicial proceedings. The grievance of the petitioners as was argued before us was that on 22nd January, 2010, the petitioners were kept in illegal detention. This assertion is devoid of merits. Inasmuch as the petitioners attended the police station in connection with hearing on Chapter proceedings before the appropriate Officer. The fact that the Chapter proceedings remained inconclusive or could not be taken up on that date does not mean that the petitioners were kept in illegal detention. 4. Insofar as relief in terms of prayer clause (c) is concerned, the petitioners are praying for quashing the Chapter proceedings bearing No.53 of 2010 started against the petitioners by respondent No.1. The learned A.P.P. on instructions of the concerned Officer, who is present in Court states that as per the demand of the petitioners, statements of concerned witnesses which have already been recorded in connection with the Chapter proceedings will be made over to the petitioners and further the said 3 438.11 Chapter proceedings will be concluded within fifteen days from today by following procedure stipulated by law. 5. In this view of the matter, no interference is warranted in writ jurisdiction. The Petition is disposed of with liberty to the petitioners to participate in the Chapter proceedings and if the decision in the said proceedings is adverse against them, they would be free to challenge the same before appropriate forum, if so advised. All questions in that behalf are left left open. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)