1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 148 OF 2011 SMT. SHASHIKALA Wd/o DADARAO GAWAI VERSUS STATE OF MAHARASHTRA, THROUGH SECY., DEPTT OF HOME, MUMBAI AND 5 OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O. Y. Kashid, Advocate for petitioner. Mr. T. A. Mirza, Addl. Public Prosecutor for the respondents CORAM : P.V.HARDAS AND P.B.VARALE, JJ. DATE : 14th NOVEMBER, 2011. This is a petition under Article 226 of the Constitution of India, filed by the petitioner praying for the relief of issuance of writ of mandamus directing the investigation of Crime No. 151/2008, registered by Police Station, Civil Lines, Akola, be transferred to the Central Bureau of Investigation. In the alternative, the petitioner has prayed for issuance of necessary writ directing re-investigation of the said crime. At the outset, it may be noted that the petitioner had filed Criminal Writ Petition No. 150 of 2010 before the Division Bench of this Court. In the aforesaid writ petition, the petitioner had prayed that the investigation carried out by the State Crime Investigation Department in respect of the crime, in which the present petition has been filed, has not been properly investigated and therefore, prayed 2 that the aforesaid investigation be transferred to the Central Bureau of Investigation. The Division Bench of this Court, in its order dated 15th July, 2010 dismissing the Criminal Writ Petition No. 150/2010, has observed that the reply filed by the respondents discloses that the State C.I.D. has already investigated Crime No. 151 of 2008 and charge-sheet has been filed in the Court of Judicial Magistrate, First Class, Akola for the offence punishable under Sections 364, 506, 302, 201 read with Sections 34 and 120-B of Indian Penal Code. The Division Bench in no uncertain terms indicated that it is not inclined to entertain said petition and accordingly disposed of the said petition. The liberty, however, was granted to the petitioner to avail appropriate remedy, which may be available to the petitioner in law. Once this Court has decided not to interfere in the controversy on merits, filing of subsequent writ petition cannot be said to be availing the alternate appropriate remedy. The remedy lies not in filing a subsequent petition as this Court cannot be called upon to sit in judgment over the orders passed by the co-ordinate Benches in the earlier writ petition. This writ petition, therefore deserves to be dismissed at the threshold. In the light of the fact that we are inclined to dismiss this writ petition at the threshold, we do not consider it appropriate to advert to the facts of the present case nor the grounds raised in the 3 petition seeking transfer of investigation to the Central Bureau of Investigation, as the aforesaid reliefs stand denied to the petitioner by virtue of the earlier order. The Criminal Writ Petition is accordingly dismissed with no order as to costs. JUDGE JUDGE Diwale