1 wp3547.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3547 of 2010 Vijay Duttatray Gadekar ..Petitioner v/s. The State of Maharashtra & ors. ..Respondents Mr. Prakash Naik for the petitioner. Mr. H.J. Dedhia – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 21, 2010. P.C. Heard Counsel for the Petitioner and Learned APP. 2. It is not in dispute that the local police has already filed chargesheet in connection with the complaint made by the Petitioner. Consequent to filing of chargesheet the case has been registered as RCC No. 5452 of 2009 which is now pending before the Magistrate, First Class (AC), Pune arising 2 wp3547.10.sxw out of C.R. No. 26/2009. The limited relief claimed in this Petition is to direct the Respondent no. 2 to resort to further investigation under Section 173 (8) of the Criminal Procedure Code. 3. In our opinion, the Petitioner being Complainant can apply to the concerned Court inviting the attention of the Court to the deficiencies in the chargesheet or the matters on which further investigation may be necessary. If the concerned Court receives such Application, will have to consider the same on its own merits in accordance with law and issue such directions as may be warranted in the fact situation of the case including to direct the Investigating Officer to undertake further investigation under Section 173(8) of the Code. 4. Keeping all questions raised in this Petition open, we dispose of this Petition with liberty to the Petitioner to approach the concerned Court by way of appropriate Application which will be decided by the same Court on its own merits in accordance with law, expeditiously. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)