1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2509 OF 2009 Mr.Sayed Shafiq Ibrahim and Anr. .. Petitioners V/s Mr.Khanderao Patil, Sr.Inspector, J.J.Marg Police Station and Others. .. Respondents Mr.A.G.Damale i/by Mrs.Aarti P.Bhide for the Petitioners. Ms.U.V.Kejriwal, APP for Respondent Nos.1 & 2. Mr.Mumin Solkar for Respondent Nos.3 to 6. CORAM: J.N.PATEL & A.A.SAYED, JJ. DATE: 9th November, 2009. P.C.: 1. Heard. Petitioners have approached this Court seeking directions in the nature of writ of mandamus against Respondent No.1 to lodge FIR against Respondent Nos.3 to 6 for the offence committed u/s.324, 325, 339, 340, 354, 355 and 506 of the Indian Penal Code, and that the Respondent No.1 be directed to produce the entire record of the criminal activities of Respondent Nos. 3 to 6, apart from the fact that whether such a petition is maintainable particularly in view of the fact that 2 Respondent No.1 is a Senior Police Inspector of JJ Marg Police Station and he has no business to lodge FIR under the law, unless he is concerned with the matter. On the other hand it is for him to register the FIR if any report is lodged in respect of the cognizable offence. 2. We find that the petitioners have remedy of filing complaint before the Magistrate having jurisdiction over the matter, and therefore we are not inclined to entertain this petition. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to withdraw this petition with liberty to file complaint before the competent Magistrate having jurisdiction over the matter. 4. Petition is dismissed as withdrawn with liberty to the petitioners to file a complaint before the Court of competent Magistrate having jurisdiction over the matter, if so advised. (J.N.PATEL, J.) (A.A.SAYED, J.)