1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION No. 649 OF 2007 Firoz @ Bablu Ansari v. St. of Mah. & ors. _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders Mr.Masood Shareef Advocate for the Petitioner. Mrs.K.S. Joshi, A.P.P., for Res. .... CORAM: A.P. LAVANDE & A.B. CHAUDHARI, JJ. DATED : 09th JANUARY, 2008. Heard Mr.Masood Shareef for the petitioner and Mrs.Joshi, A.P.P., for respondents. 2. The petitioner against whom Crime No.293/07 has been registered at Kamptee police station under Sections 147, 148, 149, 307 and 302 of Indian 2 Penal Code and under Sections 3 and 4 of Arms Act seeks direction from this Court that the investigation of the crime registered against him by respondent no. 4 be carried out without supervision and control of respondent no.3, Shri Yashaswi Yadav, Superintendent of Police, Nagpur (Rural). 3. The grievance of petitioner is that respondent no.3 is out to falsely implicate him in various crimes. It is the further case of the petitioner that on earlier occasion, the petitioner was charged for the offences under Sections 120-B, 201 and 302 read with Section 34 of Indian Penal Code and he was 3 acquitted in the said crime. In yet another crime No.3115/06 under Maharashtra Organized Crime Control Act, the petitioner was discharged by the Special Judge. According to the petitioner, he has been falsely implicated not only in above two crimes but Crime No. 293/07 has been registered against him at the instance of respondent no.3. 4. Respondent no.3 has filed affidavit denying the allegations made in the petition that he is out to falsely implicate the petitioner in various crimes. It has also been pointed out that on earlier occasion, the petitioner had filed similar petition making allegations 4 against him and the same was dismissed by this Court vide order dated 21.12.2006 and the copy of the said order has been placed on record (at page 44). 5. Perusal of the averments made in the petition disclose that the petitioner has not been able to substantiate his allegations against respondent no.3 by placing materials on record so as to enable us to come to a conclusion that the grievance of the petitioner that respondent no.3 is out to falsely implicate him, has any merit. The allegations made in the petition are of general type which, in our opinion, are 5 not sufficient to establish malice against respondent no.3. In our opinion, in absence of materials on record to establish malice on the part of respondent no.3 to falsely implicate the petitioner in the crime, it would not be proper for this Court to direct respondent no.3 not to associate himself with the investigation of the crime in question, which he is entitled to do as superior police officer. We, therefore, find no merit in the present writ petition. Consequently, the petition is rejected. 6. Crim. Appln. No. 3908/07 In view of dismissal of main petition, this application has become 6 infructuous and is accordingly dismissed as infructuous. JUDGE JUDGE /TA/