1 wp-542-2009.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 542 OF 2009 Mr.Pawankumar Dwarkaprasad Prajapati ...Petitioner Versus The State of Maharashtra & ors. ...Respondents Mr.Abhaysingh Shinde i/b. Mr.Rahul Kulkarni for petitioner. Mr.Y.S.Shinde, APP for State. Mr.Narendra Kumar Singh for Resp.nos.3 to 5. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 13, 2011. P.C. 1. Mr.Shinde, the learned APP has placed before us a copy of the letter dated 13/4/2011 addressed by the Deputy Commissioner of Police, Zone X, Mumbai to the learned P.P. We have perused the same. 2. On 15/2/2010 charge sheet has been filed in C.C. No.447/PW/2010 2 wp-542-2009.doc in the 22nd Court of Metropolitan Magistrate, at Andheri (East) and the case came to be committed on 8/3/2011. It has been now re-registered as Sessions Case and pending before the Sessions Court No.2, Sweree, Mumbai. It is also noted from the said communication that the DCP has directed the Senior Inspector of Police, MIDC Police Station to continue further investigation and submit additional reports to the trial Court under Section 173(8) of Cr.P.C. The letter also mentions about the polygraph and BEOS tests carried out on the accused Nanhe Satnarayan Harijan as well as the petitioner’s wife – Smt. Janak Dulhari Pawankumar Prajapati. It is also stated that the skull and the bones of the extricated remains of the boy found in Vanrai Hutments off Western Express Highway, Goregaon (East) along with the photograph of missing boy Ajaykumar Prajapati were sent to the Director, Coronary Science and Analysis Laboratory, Ahmedabad and the expert’s opinion has been received which is negative. 3. We, therefore, agree that the case for transfer of investigation to any other agency need not be considered in this petition and further investigation under Section 173(8) of Cr.P.C. has been instructed to be continued. We are also not satisfied that there is any case made out to 3 wp-542-2009.doc provide special protection to the petitioner or his family or the witness who in fact is now an accused. 4. Hence the petition is disposed off by noting the report dated 13/4/2011 submitted by the DCP. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)