1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.327 OF 2009 IN CRIMINAL WRIT PETITION NO.1658 OF 2009 Sunil Tandon .... Applicant V/s. The State of Maharashtra & Ors. .....Respondents Mr.Vikas Singh, Sr.Advocate a/w Ms.Amrita Narayan i/by M/s.Yusuf & Associates, for the applicant. Mr.Aabad H.H.Ponda, for the respondent. Mr.D.A.Adsule, APP, for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 19TH JANUARY, 2010 P.C. 1. By way of this application, the applicant has prayed that learned Magistrate may be directed to decide the application in connection with the further investigation/reinvestigation. On going through the record, it seems that mere intimation has been given on behalf of the learned APP to the concerned Magistrate in connection with the further investigation and no application was pending before the concerned Magistrate. Perhaps through oversight, the learned APP at the relevant time, made such a statement that the application is pending. Be that as it may, in view of the fact that the police is further investigating the case, 2 which according to the learned counsel for the applicant, is nothing but reinvestigation, we permit the applicant to take out substantive proceedings by way of writ petition or any other proceedings, as may be deeded fit, for quashing the reinvestigation/further investigation if any. It would not be proper to examine this issue in an application in a writ petition which is already disposed of by this Court. We make it clear that we have not expressed any opinion as to whether it is further investigation or reinvestigation and the contentions of both the sides are kept open. 2. Subject to the aforesaid liberty to the petitioner to challenge the so called investigation carried out by the police, the criminal application is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)