1 3493.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3493 OF 2010 Bhagwan Chellaram Challani ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents WITH CRIMINAL APPLICATION NO.11 OF 2010 IN CRIMINAL WRIT PETITION NO.3493 OF 2010 Hava Construction Private Ltd. ...Applicant/Intervener Bhagwan Chellaram Challani ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.R.S.Desai for Petitioner. Mr.H.J.Dedhia, A.P.P. for State. Mr.R.G.Merchant for Applicant/Intervener. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 20, 2011. P.C. 1. Counsel for the Petitioner submits that F.I.R. has since been registered by the local Police on 14th December, 2010 in relation to the complaint made by him. In that sense, nothing survives in the present Petition and the Petitioner may be permitted to withdraw the present Writ Petition. 2 3493.10 2. Counsel for the intervener, however, submits that the Petitioner should not be allowed to withdraw this Petition until the allegations made by the intervenor in the intervention application are inquired into. The allegations are against the Petitioner and the Petitioner’s landlord, in particular, in respect of forgery and presenting the said documents in the proceedings before the Court of competent jurisdiction. Insofar as that grievance is concerned, will have to be pursued independently. If such information is furnished by intervener, we have no manner of doubt that the Investigating Officer will objectively examine the said information and take appropriate measures as may be warranted in the fact situation. The purpose of investigation is not only to pursue the theory propounded by the Complainant but also to ascertain the truth and in the process of investigation, if it is found that there is substance in the stand taken by the intervener, the Investigating Officer will be obliged to proceed against all such persons who may be responsible for the commission of any offence in accordance with law. Besides, it will be open to the intervener to pursue his remedy independently for the said relief before the Court of competent jurisdiction. We express no opinion on the merits of the said contention. 3 3493.10 3. Petition is allowed to be withdrawn. In view of withdrawal of the Petition, the Intervention Application is disposed of with liberty to the intervener to pursue his remedy before the appropriate Court, if so advised. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)