1 crwp2752-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2752 OF 2009 Afsar Jahid Khan ..Petitioner. Versus The State of Maharashtra and Others ..Respondents. Ms.Padma Tatode for the petitioner. Mr.D.P. Adsule, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 2nd September 2010. P.C. : 1. Heard counsel for the petitioner and learned APP for the State. The relief claimed in this petition is to issue direction to the local police station to register FIR on the basis of the complaint made by the petitioner dated 16th February 2009 and advocates letter dated 30th March 2009. The reply affidavit filed before this Court attempts to give justification for not registering the FIR. Learned APP however in all fairness accepts that the complaint filed by the petitioner itself discloses non-cognizable offense. In such a situation, the police ought to have registered FIR. Learned APP in all fairness accepts that this case cannot be said to fall under the excepted 2 crwp2752-09 category would which authorize the police to investigate before registering the FIR. 2. In the circumstances, the petition ought to succeed. The learned APP on instructions from Mr.R.A. Sawant, Police Inspector, Bandra Railway Station states that FIR will be registered forthwith and investigation will be conducted in accordance with law. Besides, all necessary steps as are required by law will be observed. In view of this statement, the petition is disposed of. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)