1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1950 OF 2009 Ramakant Narayan Mhatre .. Petitioner. Vs. State of Maharashtra & Anr. .. Respondents. Mr.P.M.Pradhan for the petitioner. Mrs.S.D.Shinde A.P.P. for the State. Mr.Nitin S.Patil, PSI, CBD police station present. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 15TH MARCH, 2010 P.C. . Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In this writ petition, the petitioner has prayed for direction in the nature of writ of mandamus directing respondent no.1 to handover investigation of C.R.No.I-73 of 2009 of CBD Belapur police station, Navi Mumbai to C.B.I. for further investigation and necessary action in the matter. We have heard Mr.Pradhan, learned counsel for the petitioner. At the outset, he invited our attention to the averments made in the writ petition so also to the affidavit of one of accused persons involved in this case. It appears that the aforesaid crime has been registered mainly for the offence of 2 misappropriation of municipal corporation funds. In paragraph 10 of the petition, the petitioner has made a grievance that the investigation is going on with very slow pace and as a result thereof real culprits have not been brought to book. From perusal of the petition, it appears that one of the main culprits, according to the petitioner, is one Madhavi. The petitioner contends that he is a very influential person, and though the police know about him and his involvement in the case they are not proceeding against him. In short, the petitioner has stated that Madhavi is the real culprit in the case. The petitioner has also stated in the affidavit that the investigating officer, till filing of the petition, arrested only two persons, namely, Ajay Mhatre and Rajesh Patil when there are several other persons involved in the crime. The affidavit of Hanumant Bhise also shows that Madhavi is the main accused in the crime. 3. It is thus clear that the petitioner’s prayer for transfer of the investigation to CBI is on the premise that till the date of filing of the petition, only two accused were arrested and the main accused Madavi is openly roaming around in the area of New Mumbai and that the police are not proceeding against him. 4. Learned APP, on instructions, submits that in connection with this case the investigating agency has arrested about 13 accused so far and 4-5 are still absconding. She further submits 3 that Madavi also came to be arrested in this crime on 13.8.2009. It further appears that chargesheet has also been filed against eight accused including Madavi on 25.9.2009. In view thereof, we are satisfied, that the grievance made by the petitioner that the police were not proceeding against Madavi and the other culprits is not correct. In the circumstances, we do not find any ground worth transferring the investigation to the CBI. In the circumstances, the petition is dismissed. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)