1 wp.3565-2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3565 OF 2010 Ganesh Mahadeo Ghayyidak ..Petitioner. Vs. The State of Maharashtra & Ors. ..Respondents. ----- Mr. M.S. Karnik, for the Petitioner. Ms. M.H. Mhatre, APP for the State. Mr. Prakash Naik, for Respondent no.9. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. AUGUST 08, 2011. P.C.: 1. Heard Mr. Karnik, the learned counsel for the petitioner. Ms. Mhatre, the learned APP appears for the State. 2. The petitioner states that he was illegally detained at Haveli Police Station from 24th to 25th October, 2010 by respondent nos.3 and 4, and he was mercilessly beaten during the detention. The petitioner, therefore, prays for directions to register an FIR against respondent nos.3 2 wp.3565-2010 and 4, investigate and/or initiate appropriate proceedings against them. 3. Mr. Sandeep Karnik, Superintendent of Police, Pune (Rural) has filed an affidavit-in-reply, and has stated that on 12.11.2010 an application/ complaint was received by his office and his predecessor had ordered an inqury by his letter dated 9.1.2011 in view of the seriousness of the grievance. On 15.4.2011, the Dy. Superintendent of Police submitted his report, and based on that CR no.478 of 2011 has been registered on 27.7.2011 for the offence punishable under Sections 323, 166, 342, 330, 504 and 506 read with Section 34 of IPC against seven police personnels. 4. It was submitted by Mr. Karnik that the nature of injuries suffered by the petitioner was serious, and therefore, an offence punishable under Section 324 in place of Section 323 of IPC remains to be added in the FIR. If in the course of the investigation, the petitioner obtains a medical certificate and makes out a case for investigation into the offence under Section 324, nothing stops the Investigating Officer from submitting his final report on the basis of such medical documents including the discharge certificate. 3 wp.3565-2010 5. In our opinion, the petition has served its purpose and no further orders are required to be passed. 6. Hence, the Petition is disposed off. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)