1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO.122 OF 2010. DR. AKASH LAXMANRAO NARDE VS C.B.I. AND OTHERS ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Dr. Akash Narde in person. Shri Shyam Ahirkar Advocate for Respondent Nos.1,2 and 5. Mrs. Sangeeta Jachak, APP for Respondent nos.3 & 4. CORAM : A.H. JOSHI AND A.P. BHANGALE, JJ. DATE : 22nd SEPTEMBER, 2010. 1. Heard party in person. 2. It is seen that prayer (vii) does not pertain to criminal jurisdiction and the petitioner is free to take recourse to appropriate remedy as he may be advised. 3. In so far as the petitioner's main relief is concerned, it is based on wrong entries in operation theater register by his superiors. 2 4. The petitioner has admitted in the process of hearing that various clinical procedures written in the “Surgery” column of said register are such that those are required to be done either in minor operation theater or regular operation theater. 5. Petitioner admits that the minor operation theater is not provided for ophthalmic section and all procedures are required to be undertaken in operation theater only. Showing these procedures by including certain description under the head 'operation done' is imperative though those procedures do not fall in strict descriptionary surgery. 6. From what is shown by the petitioner, the grievance made by him may constitute to be an irregularity or misconduct of employment and may be demonstrated before the proper superior authority. However, ipso facto maintenance of such register in such alleged objectionable form may not necessarily amount to commission of offence. 7. Moreover, the petitioner can avail a 3 remedy under Section 154(3) of Criminal Procedure Code or may avail such other remedy as available in law, if he is so advised. 8. Therefore, we consider that it is not necessary to entertain the present petition. 9. Writ petition is, therefore, dismissed with above observations. Judge Judge //mule//