1 wp339110 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3391 OF 2010 Anand A. Tambe & Ors. ...Petitioners V/s. The State of Maharashtra ...Respondent Mr. Ashwin Thool for the Petitioners Ms. S.V. Gajre, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 8TH FEBRUARY, 2011 P.C.:- This petition was filed for quashing of F.I.R. However, during the pendency of this petition, since investigation was completed, the Investigating Officer proceeded to file charge sheet in the concerned Court. After filing of the charge sheet, the petitioners have amended the present writ petition and asked for further relief. The further relief is not only to quash the criminal proceedings initiated against the petitioners, but also to order enquiry against the police officers who colluded with 2 wp339110 Mr. Shrivastav and the management of the hospital to register a false and frivolous case against the petitioners. 2. Insofar as the former relief is concerned, since charge sheet has been filed, the petitioners have alternative efficacious remedy to approach the concerned Court and apply for discharge, if so advised. The petitioners will be free to avail of the said option. 3. The argument of the counsel for the petitioners is that the petitioners are praying for further relief of instituting enquiry against the police officers. We are conscious of the fact that it may not be possible for the concerned Court to issue direction in that behalf. At the same time, the question of instituting an enquiry against police officers would arise only after the petitioners were to succeed in persuading the concerned Court that each of them was falsely implicated in the alleged offence. In absence of such finding by the competent Court, it would be premature to assume that the police officers were, in fact, hand-in-glove with Mr. Shrivastav or the management of the hospital for falsely implicating the petitioners herein in the criminal case. In our opinion, it would be open to the petitioners to approach this Court only after they succeed in persuading the concerned Court to record a finding that they 3 wp339110 were falsely implicated in the criminal case and the police officers were instrumental in the process. We can keep that relief open, to be pursued by the petitioners after such finding is rendered by the concerned Court. 4. The petition is, accordingly, disposed of, leaving all questions open. 5. At this stage, the counsel for the petitioners submits that the concerned Court be directed to expeditiously dispose of the proposed discharge application to be filed by the petitioners. It will be open to the petitioners to make that request to the concerned Court, which will consider it appropriately, considering the ground canvased before us that the petitioners are public servants. A.R. JOSHI, J. A.M. KHANWILKAR, J.