13. wp 646-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 646 OF 2011 Imran Sultan Shah & Ors .. Petitioners Vs The Commissioner of Police & Ors .. Respondents Mr. A.A. Siddiquie for the Petitioners Ms. M.H. Mhatre, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 17th MARCH, 2011. PER COURT: 1. By this petition under Article 226 of the Constitution of India, the petitioners pray vide prayer clause (a) to the petition for quashing of FIR on the basis of which an offence has been registered vide Crime No. 59 of 2011 under Sections 326 and 504 read with 34 of the IPC on 11th February 2011 by Antop Hill Police Station. In the alternative, the petitioners have prayed vide prayer clause (b) to the petition for directing the transfer of investigation in respect of FIR No. 59 of 2011. 2. We have perused the FIR filed by the complainant on whose report the offence as stated above came to be registered. Perusal of the FIR clearly discloses the commission of offence 1 13. wp 646-11.doc under Sections 326 and 504 of the IPC. The learned counsel for the petitioners has urged before us that a fake FIR which is bogus in nature came to be filed by the original complainant on the basis of which the offence has been registered. The learned counsel for the petitioners also urged before us that with connivance of some persons, a bogus medical certificate has been obtained. We feel that the said submissions cannot be entertained in writ jurisdiction at the stage of quashing of FIR. While examining the plea for quashing of the FIR, this Court has required to consider the FIR. On its perusal, it discloses the commission of cognizable offence. Since our answer is in the affirmative, we are not inclined to interfere in this petition for quashing of FIR. Incidentally, we may state that the petitioners had also filed a report on the basis of which the offence has been registered against the original complainant and others. 3. The petitioners have urged for transfer of the investigation. We have heard the learned counsel in respect of aforesaid plea and after considering the said submissions, according to us, no case for transfer of investigation to the State C.I.D. has been made out. Consequently, this petition is sans merit and the same is dismissed with no order as to costs. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 2 13. wp 646-11.doc 3