IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2261 OF 2007 PETITION NO. 2261 OF 2007 PETITION NO. 2261 OF 2007 Mr. Girish O. Nihalani ... ... Petitioner Vs. State of Maharashtra & Ors.... ... Respondents Mr. V.N. Tayade for Petitioner Mr. Mukesh Pabari & Shiv Kumar Vats for Respondent nos. 5 to 7. Mrs. A.S. Pai, APP for State CORAM CORAM CORAM : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. DATE DATE DATE : 25TH JANUARY, 2008 : 25TH JANUARY, 2008 : 25TH JANUARY, 2008 P.C. P.C. P.C. : : :- 1) The grievance of the Petitioner is that inspite of having filed an F.I.R., offence was not registered by Police. On instructions, learned A.P.P. submits that on receiving the complaint by registered post from the Petitioner, the Police has given a notice to the complainant to appear before the Investigating Officer to record his statement on 10th October 2007 and 6th November 2007, but inspite of information given to him, he did not appear in the Police Station and as such the Investigating Officer could not proceed with the matter. 2 2) This Court is assured that after his statement is recorded, the matter will be investigated and if an offence is made out, the Police will take action accordingly. Learned Counsel appearing for the Petitioner submits that whenever the Petitioner is trying to go to the Police Station, he has been receiving threats and therefore he could not reach the Police Station as directed by the Police to appear in the Police Station. Since the complainant is present in the Court and Investigating Officer Mr. Ashok Jawadekar, PSI, Pydhonie Police Station is also present in the Court, we direct the complainant to accompany the Investigating Officer today itself from the Court to the Police Station where the concerned Officer will record his statement. 3) With these directions, the Petition stands disposed of accordingly. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) ( S.A. BOBDE, J.) S.A. BOBDE, J.) S.A. BOBDE, J.)