1 2870.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2870 OF 2010 Ashok Krishna Maskar & Anr. ...Petitioners Versus State of Mahrashtra & Ors. ...Respondents ...... Mr.Rahul Walvekar for Petitioners. Mr.J.P.Yagnik, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 20, 2010. P.C. 1. The grievance of the Petitioners is that the investigation of the alleged offence is under cloud right from recording of the FIR. In that, although the petitioners in the statement mentioned the involvement of Vikas Kashyap Mehta, Swapnil Naik and Prabhakar Ghate alias Bhai, who according to the Petitioners are the main offenders, their names have been conveniently left out in the FIR. The argument of the learned A.P.P. is that the Police Official who registered the FIR recorded the names of all such persons whose names were disclosed by the Petitioners. Besides, statement of Petitioners under Section 164 has also been recorded. The Petitioners, however, maintain that they had disclosed the names of three persons 2 2870.10.sxw referred to above whose names are conspicuously absent in the FIR as registered. 2. Learned A.P.P. would then submit that the evidence which has been collected by far, would belie the case now made out by the Petitioners and the motive suggested is quite different than the one alleged by the Petitioners. However, in our opinion, if the role of the concerned Police Official who registered the FIR itself is questionable, there is possibility that even the subsequent material collected by the Investigating Officer would come under cloud. To obviate any such apprehension, it is appropriate that the investigation of the case is made over to independent agency. 3. We accordingly allow this Petition by directing that investigation of offence be transferred to GB CB CID. The investigation shall be done by the Police Official not below the rank of Assistant Commissioner of Police. The newly appointed investigating agency would be free to consider continuing of the investigation from the stage where the present Investigating Officer has left it or do it afresh. We express no opinion in that regard. 3 2870.10.sxw 4. Petition disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)