:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1122 OF 2008 Shri Sohail Asgasr Rizwi ..Petitioner Vs. The State of Maharashtra (at the instance of Malwani Police Station) and ors. ..Respondents Mr. Milan Desai for petitioner. Mr. A.R. Patil, APP for State. CORAM: B.H. MARLAPALLE & J.H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J.H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J.H. BHATIA,JJ. Dated: July 01, 2008. Dated: July 01, 2008. Dated: July 01, 2008. P.C.: P.C.: P.C.: 1. We have heard Mr. Desai the learned counsel for the petitioner. The petitioner had come before this court in Criminal Writ Petition No. 13 of 2008 along with Criminal Application No. 34 of 2008 and by an order dated 21/2/2008 the petition was disposed off by directing the Commissioner of Police to appoint an officer not below the rank of Deputy Commissioner of Police to look into the allegations levelled against Shri Chandrakant Nath Gurav, by the petitioner. In :2: obedience of the said order, Shri Makarand Ranade, Deputy Commissioner of Police, Zone No.11, Mumbai has conducted the inquiry and a copy of the report is placed before us by the learned APP. We have perused the said report dated 19/4/2008, which concludes that both the groups i.e. the group led by Aslam Shaikh of Congress Party and Jameel K. Merchant of the Samajwadi Party had clashes on 7th and 8th October, 2007 on account of erecting some hoardings. So far as the complaint against Shri Gurav is concerned, it is stated that the said officer was investigating the complaints and only to pressurise him the allegations were made. 2. In this petition, the first prayer is for directions to the police to arrest Shri Aslam Shaikh and his accomplishes and the second prayer to direct the learned Metropolitan Magistrate, 26th Court, Borivali to take cognizance of the offence punishable under Sections 307, 326, 143 to 149 read with Section 120-B and Section 34 of IPC as well as Sections 3 and 5 read with Section 25 of the Arms Act. :3: 3. Admittedly, in both the CRs i.e. C.R. No. 262/07 and C.R. No. 329/07 the present petitioner is not a complainant and during the course of the said investigation, the petitioner submitted his written statement levelling charges against Shri Gurav. The learned counsel for the petitioner states that the petitioner wants to file a complaint. The petitioner does not require a permission from any court and he is free to approach the court of the learned Metropolitan Magistrate, 26th Court, Borivali to present a private complaint and the relief prayed for directions to the learned Magistrate cannot be entertained when the petitioner himself has never filed a complaint. 4. Hence, the petition is rejected. If the petitioner files a private complaint, undoubtedly, it will be dealt with as per its own merits. (J.H. Bhatia, J.) (J.H. Bhatia, J.) (J.H. Bhatia, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)