1 wp2596.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 2596 of 2009 Yamini Dilip Chitnis ....Petitioner v/s. The State of Maharashtra & ors. ....Respondents Mr. Shirish Gupte i/b. Amit Potnis-advocate for the petitioner. Ms. S.V.Gajare-APP for the State. CORAM:- A.M.KHANWILKAR & P.D. KODE, JJ DATED :- OCTOBER 27, 2010. P.C. We are appalled by the manner in which the matter has been handled by the local police, inspite of the Complainant required to approach the Court by way of private complaint in which direction came to be issued by the concerned Court to take steps under Section 156 (3) of the Criminal Procedure Code as back as in the year 2008. The alleged offence took place sometime in the year 2006. The FIR has been registered in 2 wp2596.09.sxw January 2009. Till today no accused has been arrested nor any report presented before the concerned Court. This certainly is indicative of slackness in the investigation for the reasons best known to the Investigating Officer. For the time being, we would only observe that the investigation needs to be entrusted to the independent Agency. 2. We accordingly direct the Crime Branch, Mumbai to investigate the matter, to be entrusted to officer not below the rank of ACP. We hope and trust that the newly appointed independent Investigating Agency will carry out further investigation from the stage already reached by the Investigating Officer or if it is found appropriate on line which may be necessary to unravel the factual matrix alleged in the complaint filed by the Petitioner. We hope and trust that the newly appointed Investigating Agency would complete the investigation expeditiously in accordance with law and file appropriate report before the concerned Court. With this observation, Petition disposed of. 3. Copy of this order be forwarded to the Secretary, Home Department for information and necessary action to enquire into the grievance of the 3 wp2596.09.sxw Petitioner about slackness in the investigation undertaken by the concerned officials and proceed against them in accordance with law. (P.D. KODE, J) (A.M.KHANWILKAR, J)