Cri.W.P.No.973 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PEITTION NO.973 OF 2010 Aziz Bahiruddin Mujawar and ors. ..Petitioners Versus The State of Maharashtra and ors. ..Respondents Mr S.S.Kazi, Advocate holding for Mr S.S.Sayyad, Advocate for petitioners Mr D.V.Tele, A.P.P. for respondents 1 to 4 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 10th January 2011 PER COURT 1. By this petition under Article 226 of the Constitution of India the petitioners pray for issuance of a writ of mandamus directing the respondent No.1 to handover the investigation of Crime No.34/2010 registered by the Paranda Police Station, District Osmanabad, under Sections 295 and 295-A of the Indian Penal Code either to the C.B.I. or the C.I.D. or any independent authority. 2. In an unfortunate incident on 19.4.2010, the carcass of a dead pig came to be placed on the holy Quran in the mosque, which was despicable to say list, resulted in registration of Crime No.34/2010 under Sections 295 and 295-A of the Indian Penal Code. It appears that upon registration of the offence three accused came to be arrested. One accused Dhanaji Jadhav came to be released on regular bail by the Judicial Magistrate, First Class and the other two accused came to be released on bail by Sessions Court. It also appears that the Magistrate had granted permission for conducting the brain mapping examination of the accused but the examination has still not been conducted, as apparently the authorities Cri.W.P.No.973 of 2010 2 have not communicated to the Investigating Officers a date suitable to them for conducting the said examination. 3. By this petition, therefore, it is urged before us that the investigation of the said crime be transferred to an independent agency either the C.B.I. or the C.I.D. The ground for the said transfer, according to petitioners, is that the investigation is proceeding at a snail’s space and the charge-sheet has still not been filed. 4. In response to the notice issued to the respondents, the respondents have filed an affidavit-in-reply. In the affidavit-in-reply, the respondents have stated in detail the steps taken by them subsequent to the registration of the offence. The respondents have also annexed copies of the case diary including the statements recorded by the Police Officers under Section 161 of the Code of Criminal Procedure. It also appears that the report of the Chemical Analyzer has also been received. The investigation, however, appears to have been held up on account of the result of the brain mapping examination to be conducted. We have seen the investigation papers and we do not find that there is any deliberate attempt on the part of the Investigating Officers to delay the investigation or the submission of the charge-sheet. In that light of the matter, therefore, according to us no case is made out for transfer of the investigation either to the C.B.I. or C.I.D. 5. In that light of the matter, therefore, we do not find any merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J.) (vvr/973.10criwp)