5. wp 3675-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3675 OF 2010 Shri. Apparao Sangappa Dodale, ] Age : 60 Yrs., Occupation : Retired, ] R/at 607-B, Karnik Nagar, Sholapur. ] Petitioner Versus 1. The State of Maharashtra, ] Through A.P.P. Office, High Court, Mumbai. ] 2. The Senior Inspector of Police, ] P.S. Pantnagar, Ghatkopar (E), Mumbai. ] 3. Krishna S. Kadam, P.S.I., ] Investigation Officer, Attached to P.S., ] Pantnagar, Ghatkopar (E), Mumbai. ] Respondent Mr. Sudhir Halli for the Petitioner Ms. S.V. Gajare, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. ORAL JUDGMENT (Per HARDAS, J.): 1. Heard learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the 1 5. wp 3675-10.doc petition is heard finally at the stage of admission. 3. By this petition under Article 226 of the Constitution of India, the petitioner prays vide prayer clause (b) to the petition for quashing and setting aside the investigation carried out by respondent no. 3 in respect of Crime No. 326 of 2010 registered at Police Station Pantnagar, Ghatkopar, Mumbai and transfer the investigation of the said crime to the State Crime Investigation Department (C.I.D.), or to the Central Investigation Bureau (C.B.I.) or any other independent machinery. 4. A Division Bench of this Court by its order dated 21st February, 2011 observed in paragraph 3 that the apprehension of the petitioner that the investigation is not fair and proper is reinforced from the stand taken by the Investigating Officer. The report further observed that in the circumstances, this is eminently fit case where the investigation should be entrusted to independent agency such as State C.I.D. The Court further directed that the investigation should be entrusted to the officer not below the rank of Deputy Superintendent of Police of State C.I.D. The Court concluded in paragraph 4 by directing the respondent to immediately entrust investigation of the case to the Deputy Superintendent of Police of State C.I.D. on or before 4th March 2011 and report the compliance in that behalf. A report has now been tendered before us, which is taken on record and marked Exhibit A for the purpose of identification. 2 5. wp 3675-10.doc As per the report at Exhibit A, the investigation has been entrusted to in terms of directions of this Court and now the investigating officer has commenced the investigation. 5. In the light of the aforesaid directions which find place in the order dated 21st February 2011, we allow this petition to the limited extent and make the Rule absolute in terms of the aforesaid order with no order as to costs. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 3 5. wp 3675-10.doc 4