mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 1416 OF 2009 PRAMOD SHRIPAD HIWALI .. PETITIONER Vs. THE STATE OF MAHARASHTRA .. RESPONDENT Mr.Ashok M. Saraogi for petitioner Smt. U.V. Kejariwal, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED: 18/06/2009 P.C. The case of the petitioner is that his brother Sandeep Shripad Hiwali had attended a dance party arranged by one Sandeep Taterao Dole on the occasion of wedding of his sister. The dance party was arranged at Aarey Milk Colony, Goregaon (E) Mumbai on Sunday i.e. ,on 24/5/2009. 2. According to the petitioner at the dance party Sandeep Hiwali had some altercation with one Sudhakar Salve, also the resident of the said area. Due to intervention of persons present there that dispute was settled. 3. According to the petitioner on 25/5/09 Sandeep was mercilessly attacked by Sudhakar Salve, Gautam Bhalerao along with others with iron rods, bamboos, beer bottles and koita. Due to the attack Sandeep was seriously injured. He was removed to Bhagwati Hospital. According to the petitioner on 26/5/09 a statement of the petitioner’s brother came to be recorded by the police at the hospital. However, the said statement did not contain correct facts as regards the incident as narrated by Sandeep and, therefore, Sandeep refused to sign it. 4. The case of the petitioner, therefore, appears to be that the police are shielding the real accused and, therefore, this petition is filed praying that a direction be issued to the police to register the complaint against the accused who had in fact attacked Sandeep. 5. Mr. Arjan S. Girme, PSI Aarey Milk Police Station is present in the court. Learned APP Ms. Kejariwal has tendered in the court statement of Sandeep, which according to the police has been recorded in the hospital. We have carefully perused the statement. In that statement it is inter alia stated that Gautam Bhalerao had dealt a blow with an iron object on the left side of the head of Sandeep on account of which Sandeep fell down. Sudhakar Salve had dealt a blow on the right leg of Sandeep with some object. Gautam Balerao had dealt a blow with an iron object on the fingers of the left hand of Sandeep. Thereafter the accused ran away. In the said statement, therefore, the names of the accused are clearly stated. A copy of the said statement is taken on record and marked “X”. 6. We have also seen the relevant station diary entry. Though the station diary entry does not categorically state the overt acts attributed to the accused, their names are mentioned. In view of the fact that the statement mentions the names of the accused, in our opinion, the petition can be disposed of by giving a direction to the police to take steps in accordance with law and investigate the case properly. 7. Mr. Saraogi, learned counsel for the petitioner states that the petitioner’s brother will now sign the statement. We hope and trust that the investigation is conducted properly and the culprits are brought to book. We have, however, not expressed any opinion on the merits of the case. 8. Petition is disposed of. JUDGE JUDGE