ORDER :

Shiva Kirti Singh, J.

1. We have heard learned counsel for the parties at some length.

2. Leave granted.

3. Though the matter has remained pending for long, fortunately the core issue involved for our consideration is a very simple one.

4. The appellant was respondent in two Criminal Appeals bearing Numbers 766 and 767 of 2010 arising out of a common judgment of the High Court of Bombay dated September 8, 2009 in Crl.W.P. No. 2482 of 2008.

5. This Court disposed of both the appeals vide order dated April 12, 2010. It did not approve the action of High Court in entertaining writ petitions for change of investigating officer. The relevant parts of that order read as follows :-

“We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the concerned Magistrate under Section 156(3), Cr.P.C. and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigati