1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1589 OF 2009 Bhagyashree Shrikant Lele .... Petitioner V/s. The State of Maharashtra and Ors. ..... Respondents WITH CRIMINAL APPLICATION NO.498 OF 2009 IN CRIMINAL WRIT PETITION NO.1589 OF 2009 The State of Maharashtra ..... Applicant V/s. Bhagyashree Shrikant Lele ..... Respondent Mr.A.M.Chimalkar a/w Mr.R.V.Pradhan, for the petitioner. Smt.M.M.Deshmukh, A.P.P., for the State. Mr.Suhas Patil, Inspector of Police, present in-person. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 05TH JANUARY, 2010 P.C. 1. By way of this petition under Article 226 of the Constitution of India, the petitioner/original complainant has prayed that respondent Nos.2 to 4 may be directed to complete the investigation in connection with C.R.No.2 of 2002 under Section 406, 408, 420 r/w 34 of Indian Penal Code, immediately. It is also prayed that respondent No.2 may be directed to submit final report in accordance with law. 2 2. It is the case of the petitioner that even though complaint has been filed since long and FIR has been registered as back as in the year 2002, no substantial progress has been made and since seven years have passed, investigation is not completed. 3. The learned A.P.P., at this stage, states that now the investigation is at the final stage and the final report will be submitted latest within a period of one month from today. In this behalf, affidavit of Mr.Suhas Mahadev Patil, Inspector of Police, Economic Offences Wing, is filed on record. In the said affidavit, it is stated that the report will be filed in the concerned Court within a period of one month from today. Though, it is unfortunate that the investigation of such a trifle case continued for seven years, it is expected from the investigating agency in every case to complete investigation at least within a reasonable time. To keep the investigation pending for such a long time i.e. 7 years, is not at all in good taste. Even if a person is required to be arraigned as an accused or is required to be given clean chit, the investigation is to be carried out within a reasonable time. There is absolutely no logic in keeping the investigation pending for such a long time, as has been done in the present case. We hope and trust that in a given case, the investigating agency shall expedite the investigation so that it can repose confidence in the citizens that the investigating agencies are performing 3 their duties properly. Though the learned A.P.P. has tried to justify the delay taken in the present case, but we are not impressed about the same. We hope that the investigating agency shall in all cases expeditiously complete the investigation within a reasonable time without keeping it pending indefinitely. The Director General of Police, State of Maharashtra, may give necessary directions to all concerned officials in this behalf, so that criminal system is not put to such a farce. So far as the present case is concerned, in view of the affidavit filed by Mr.Suhas Patil as stated above, it is directed that appropriate report in accordance with law may be submitted before the concerned Court within a period of one month from today and affidavit filed by the said official is taken on record. The statement made in the affidavit that the report will be submitted within a period of one month, is accepted. 4. At this stage, the learned A.P.P., submitted that the amount of costs awarded by the earlier Division Bench to the concerned official, may be recalled. However, so far as this aspect is concerned, this Court cannot recall the order passed by the earlier Division. The learned A.P.P. states that she will take necessary steps for moving such application before the concerned Court. The learned A.P.P., is at liberty to move such application before the appropriate Bench who has passed the order. 5. Subject to what has been stated above, the writ petition is 4 disposed of. 6. At the request of the learned A.P.P., authenticated copy be given to her for communication of this order to the Director General of Police, State of Maharashtra and the Commissioner of Police, Mumbai. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)