1 wp2688.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2688 OF 2009 Masood Mohammed Husain ....Petitioner. Vs. The State of Maharashtra & Ors. ....Respondents. Mr. Rahul Arote for the Petitioner. Mrs. S.D. Shinde, APP for the State. Mr. J.G. Reddy for Respondent Nos. 4 and 5. Mr. V.R. Randive for Respondent Nos. 6 to 9. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 12th August, 2010 P.C.: 1 Heard Mr. Arote, the learned counsel appearing for the Petitioner, Mrs. Shinde, the learned APP for the State, Mr. V.R.Randive, the learned counsel appearing for Respondent Nos. 6 to 9 and Mr. J.G. Reddy, the learned counsel appearing for Respondent Nos. 4 and 5. 2 The Petitioner prays for further investigation in MECR No. 1 of 2007 registered with the Kherwadi Police Station, Mumbai and further investigation to be transferred to the State CID so as to bring on record the names of the concerned officials of the Slum Rehabilitation Authority 2 wp2688.09.sxw ssm (Respondent No.4), who are allegedly involved in the cancellation of LOI dated 26/03/2004 and issuance of LOI dated 26/04/2006 in favour of the partnership firm of Respondent Nos. 6 to 8. 3 The Petitioner has filed a private complaint for the offences punishable under Section 420, 406, 465, 467, 468, 477, 511 and 114 read with Section 34 of the IPC and the learned Metropolitan Magistrate of 32nd Court at Bandra was pleased to pass an order directing investigation under 156(3) of Cr.P.C., on 16/06/2007. Consequent to the said order MECR No. 1 of 2007 came to be registered in Kherwadi Police Station on 27/06/2007 and on completion of the investigation, the charge-sheet has been filed by the IO some time in October, 2007. 4 Admittedly, the Petitioner has submitted an application in C.C. No. 1277/PW/2007 praying for further investigation under Section 173(8) of Cr.P.C. and the said application is still pending. The prayer made in the said application is for transfer of further investigation to some other sincere, honest and competent Police Inspector or Assistant Police Inspector instead of the earlier IO Shri Tukaram Jadhav (Respondent No.3) and the application appears to have been filed on or about 18th October, 2008. The charge-sheet filed by the IO (Respondent No.3) is for the offences punishable under Section 430, 406, 465, 467, 468, 477, 511 read with 3 wp2688.09.sxw ssm Section 34 of the IPC. 5 As per the learned counsel appearing for Respondent Nos. 6 to 9, the application filed by the Petitioner before the Trial Court is pending mainly because his advocate does not appear on the given dates. Be that as it may, the fact remains, the trial court is seized of the prayer of further investigation and that too by some other police officer from Kherwadi Police Station other than Respondent No.3. It would be, therefore, appropriate that the said pending application is decided within a fixed time period and we do not find any reason to entertain this Petition when such application is already pending. 6 Hence, we direct the learned Metropolitan Magistrate, 32nd Court, Bandra to decide the pending application filed by the Petitioner for further investigation under Section 173(8) of Cr.P.C., as early as possible and preferably before 31st October, 2010. 7 The Petition is disposed accordingly. 8 Writ to go to trial Court forthwith. (ANOOP V. MOHTA, J.) (B.H.MARLAPALLE, J.)