1 wp.1730.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1730 OF 2010 Yunus Pasha Khan & Anr. ...Petitioners Versus State of Maharashtra & Ors. ...Respondents ...... Mr.Datta Mane for Petitioners. Mr.A.S.Gadkari, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 3, 2010. P.C. 1. Heard Counsel for the Petitioners as well as learned A.P.P. Perused the reply affidavit filed by Mr.Prakash Prabhakarrao Mutyal, Deputy Commissioner of Police, Zone-X, Andheri, Mumbai dated 24th August 2010. The affidavit reveals that the grievance of the Petitioners has been verified by an Officer of the rank of Assistant Commissioner of Police. After ascertaining all relevant facts, departmental action has been recommended against the Officer/Respondent No.4 against whom allegations have been made. That obviously will have to be taken to its logical end. In that sense, the grievance of the Petitioners that they were harassed and ill-treated, has been addressed to that extent. 2 wp.1730.10.sxw 2. The other grievance of the Petitioners that they have been falsely implicated in the criminal offence, we are afraid, cannot be considered in this Petition. That is a subtle attempt to ask for quashing of the criminal action pending against them. It would be a different matter if the Petitioners were advised to file quashing of FIR or to apply before the appropriate Court for discharge. The arguments which are canvassed in this Petition to assert that the Petitioners have been falsely implicated, may be relevant in those proceedings. We express no opinion on the said aspects. All questions in that behalf are left open. 3. Accordingly, in our opinion, no further relief can be granted in this Petition. Hence, the same is disposed of on the above terms. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)