1 wp-3059-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3059 of 2010 M/s Tricklers Recreation Pvt Ltd .. Petitioner. Versus The State of Maharashtra & ors.. Respondents. Mr Bhavesh Parmar i/by Ms Sandhya A. Mailagir, Advocate for the Petitioner. Mr Rahul Moghe, Advocate for Respondent No.4. Mr D.P. Adsule, A.P.P.for the State. CORAM : A.M. KHANWILKAR & A.R. JOSHI, JJ. DATED : 19TH JANUARY,2011. P.C.:- 1. Heard learned counsel for the petitioner, the learned 2 wp-3059-10.doc A.P.P.for the State as well as private respondent. 2. In substance, grievance of the petitioner is that the local police officer has not taken any action in spite of repeated complaints made by the petitioner from time to time, in particular, to begin with in relation to the incident which occurred on 16th of July, 2010 and thereafter also with regard to the incident which happened in the shop of the petitioner on 2.10.2010. Insofar as the incident of 16.7.2010 is concerned, from the record, it does appear that on receiving the information, the local police officer instantly recorded statement of concerned parties and issued notices under Section 149 of the Code. 3. The petitioner may be justified in contending that although the statement made by the petitioner disclosed commission of cognizable offence, the concerned police officer has failed to take action in accordance with law by registering the F.I.R which he was obliged to do if it discloses cognizable offence. Insofar as this 3 wp-3059-10.doc grievance is concerned the same can be assuaged by asking the petitioner to appear before the appropriate police officer having jurisdiction to investigate the case pertaining to the incident of 16th of July, 2010. The petitioner, however, has apprehension about the police officer Mr Mahadik, P.S.I. as well as Mr Zunjarrao Gharal, Senior Inspector of Police, who has filed affidavit in this Court to oppose the petition. For that reason it is prayed that the matter be entrusted to some other independent police officer. Even this apprehension of the petitioner can be redressed if the A.C.P.of the concerned area is asked to record fresh statement of the petitioner and proceed in the matter in accordance with law. 4. The Counsel for the private respondent submits that even he has a grievance against the petitioner which was reported to the local police station which has not been taken to its logical end. If so, we have no difficulty in permitting the private respondent to report the relevant facts to the same A.C.P. Mr Iqbal Shaikh and 4 wp-3059-10.doc after recording the statement of the private respondent, it will be open to the said Officer to proceed in the matter in accordance with law. 5. The other grievance of the petitioner is about the incident occurred on 2nd October, 2010. It is alleged that the Police Officer, Mr Mahadik entered the shop of the premises and started abusing Mr Amit Rajwani and Mr Dhanesh and thereafter forcibly pulled Mr Dhanesh out of the said shop. It is also alleged that Mr Dhanesh was attempting to record the incident which unfolded on that day in the shop, on his mobile. The said mobile, however, was forcibly taken away by the said police Officer Mr Mahadik. Since the entire case is now referred to the Police Officer of the Rank of A.C.P. of the area, even this aspect can be considered by the said Officer. 6. The fact that we have directed the A.C.P.to examine the grievance of the petitioner as also of the private respondent is not 5 wp-3059-10.doc an expression of opinion either way on the merits of the allegations made by the respective parties. We make it clear that all aspects will have to be considered by the A.C.P.,in accordance with law. 7. In view of the above, nothing survives for consideration in this petition. The same is disposed of. 8. The Petitioner as well as the private respondent shall make arrangement for recording of their respective statements before A.C.P.Mr Iqbal Shaikh on 24.1.2011 between 10:00 a.m. to 12.00 noon on that day. (A.R.JOSHI,J) (A.M. KHANWILKAR,J)