1 wp34011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 340 OF 2011 Shivaji Pandurang Gurav ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Ms. N.B. Thorat i/by Mr. R.V. Bansode for the Petitioner Mr. K.V. Saste, A.P.P., for the State CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 28TH FEBRUARY, 2011 P.C.:- The relief claimed in this petition is to transfer the investigation of C.R. No. 32/2010 only to the extent of original accused No.3 (respondent No.4 herein) to Criminal Investigation Department or Central Bureau of Investigation. 2. In the first place, such plea cannot be entertained, as the investigation of the case can be transferred, either as a whole or not at all, 2 wp34011 but there can be no transfer of investigation only qua one of the accused, as is prayed in the petition. 3. Besides, the case of the petitioner is that the Investigating Officer has hastened to file report under Section 159 of the Code, which absolves accused No.3, respondent No.4 herein, of the offence in question. The petitioner is relying on Exhibit ‘H’ to the petition to contend that accused No.3 has falsely pleaded that he was on duty at the relevant time when the incident happened. 4. The argument has been rightly countered by the learned A.P.P. by relying on the same document, which shows that accused No. 3 was on duty on the relevant date and time. His name appears at serial No. 17, page 56 of the paper book, which is Impress Cash Book. Besides, the Investigating Officer had recorded the statement of the driver of the vehicle on which accused No. 3 was on duty as Conductor. The official record indicates that the driver and conductor reported to Atpadi Bus Station, where the cash collection was deposited by accused No. 3 at around 7 p.m. The place of the incident is not on the route of the bus on which accused No.3 was travelling as conductor on the given date and time. 3 wp34011 5. In the circumstances, the petition is devoid of merits. The same is disposed of accordingly, with liberty to the petitioner to pursue other remedy as may be available to him, which will have to be decided on its own merits, in accordance with law. A.R. JOSHI, J. A.M. KHANWILKAR, J.