1 18 wp.1210.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1210 OF 2010 Mrs. Sharda w/o Harish Thakkar and anr. ... Petitioners Vs. The State of Maharashtra, through The Commissioner of Police and anr. ... Respondents ----- Mr. A.M.Saraogi for the Petitioners. Mr. D.P.Adsule, APP for the State. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 14 th September, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The grievance of the Petitioners is that in spite of the complaint disclosing cognizable offence against the named persons, the local police station did not register the FIR. On perusal of written complaint (Exhibit-B collectively) dated 27 th March, 2010, we have no hesitation in taking the view that it does disclose cognizable offence. The fact whether the allegation is correct or otherwise, is a matter to be investigated by the concerned official. It is not open to the police official 2 18 wp.1210.10 to refuse to register FIR even in such a case. The learned APP submits that even though Mr. Manish s/o Harish Thakkar was called to the police station for recording the statement, he did not make himself available. This position is countered by the learned counsel appearing for the Petitioners. It is not necessary for us to examine this controversy in the present petition. 3 Suffice it to observe that as the written complaint sent by the Petitioners discloses cognizable offence, the local police were obliged to register the FIR on the basis of the said complaint. The fact that the complainant does not make himself available for recording of statement, is a matter which can be considered while submitting report to the concerned Court after the investigation proceeds further. We express no opinion in that behalf. The learned counsel for the Petitioners however, assures on behalf of the Petitioners that the Petitioners will make themselves available for recording of statement before the local police. 4 The learned counsel for the Petitioners wanted us to consider the subsequent developments. In our opinion, it is not necessary to burden this proceedings with the subsequent developments to which our attention was invited. The Petitioners would be free to take recourse to such other remedy as may be permissible in law with regard to those events. 3 18 wp.1210.10 5 This petition is disposed of on the above terms. The FIR be registered by the local police station forthwith. The undertaking given by the Petitioners through counsel that they shall make themselves available before the local police station is accepted. They shall appear before the concerned police official for recording of their statements on 27 th September, 2010 at 11:00 am. 6 We make it clear that the investigation can be proceeded in accordance with law and it will be open to the Investigating Officer to proceed against all concerned, who are involved in the offence alleged by the Petitioners or otherwise. 7 Petition disposed of on the above terms. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]