Important Point - With the above observations and directions, the Writ Petition stands disposed of.

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Criminal Writ Petition is filed with the following prayer :-

"b. By issuing writ of mandamus or any other writ of like nature or any direction directing the Respondents to hand over the investigation of Crime No. 57/2013 registered at Jawahar Nagar Police Station to CBI, CID or any other competent Investigation Agency."

3. Learned counsel appearing for the Petitioner submits that the Petitioner is the unfortunate brother of Late Smt. Shruti Vijay Bhagwat who was brutally murdered by ruthless and brutal elements of the society on night intervening 17th April, 2012 18th April, 2012. The ruthless and callous culprits after murdering Smt. Shruti, have even tried to dispose of her body by rolling the same in a cotton bed and setting it on fire. The said heinous murder took place at Flat No.1, Shrinath Apartment, Ulkanagari, Aurangabad, which is at a walking distance from Jawahar Nagar Police Station. The ruthless and heinous murder was exhibited on the early dawn i.e. 03.50 a.m. on 18th April, 2012 whereby the offenders have smashed the head of the deceased by sharp weapons. After murdering Mrs. Shruti, the offenders have tried to dispose off the body by setting it on fire. One of the resident came across the smoke coming out from the gallery because of fire from the said flat. Immediately Respondent No.3 was called and after carrying out the spot panchnama and inquest, the body was subjected to postmortem. Even Crime No.57 of 2012 was registered by Respondent No. 3 on 18th April, 2012, for the offence punishable under Section 396 and 201 of the Indian Penal Code.

4. Learned counsel further submitted that husband of the deceased Shruti was serving abroad and her son was pursuing education at Pune at the time of the brutal incident. The murder mystery has been unsolved and unfolded since the date of unfortunate incident till today inspite of the fact that the Investigation Agency recording the statement of more than 500 peoples. The said callous and ruthless murder has deterred the residents of the locality and the failure of investigation in the said crime is making the people to lose hopes and belief in the Investigation Agency. The Petitioner, brother of the deceased, as cooperated with the investigation and has time and again inquired about the progress in the investigation. The offenders of such a heinous and brutal crime are to be nipped into bud and should be punished harshly which will set up an paradigm in the society. On a series of occasion the Petitioner inquired about the progress of the investigation but to a great dismay, nothing has been reverted from any of the Respondents.

5. Learned counsel further submitted that, the Respondents have initially tried to investigate the crime thereby recording the statements of various people and also roping in Forensic Experts, but have failed to detect the crime. The Respondents have also sent the material collected from the place of crime for conducting DNA Finger Printing to Hyderabad based Center for DNA Finger Printing and Diagnostics. The Respondents have assured that they would be able to crack the case once the report would be received from the said office. But till date the Respondents have neither replied to the Petitioner about the report received from the said institution nor have detected the case to some or the other extent. The Petitioner has also addressed a communication dated 27th September, 2014 thereby complaining about the snailmoving progress of the investigation. The Petitioner has also averred about some of the clues and circumstances which would lead to the investigation, but the Respondents have not at all considered the same and even no reply was given to the said communication. Thereafter since 2014 till date there has been no fruitful investigation in the said matter and the incapability and failure on