1 1453.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1453 OF 2011 Mohammed Hadish Khan ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents ...... Mr.A.A.Siddiquie i/b A.A.Siddiquie & Associates for Petitioner. Ms.S.V.Gajare, A.P.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 21, 2011. P.C. 1. The Petition is filed on the assumption that the communication sent by the Advocate ought to have been treated by the concerned Police Officer as written complaint of the complainant. This assumption is misplaced. Inasmuch as F.I.R. can be registered only on the basis of oral or written complaint of the complainant and not on the basis of legal notice sent by the Advocate. 2. It is open to the petitioner to approach the local police Station and lodge oral complaint, if so advised. The Officer in-charge of the local police station shall record the statement of the petitioner and 2 1453.11 proceed in the matter in accordance with law. If the said complaint discloses cognizable offence, needless to observe that the concerned Police Officer shall record it as F.I.R. and proceed with it as per law. 3. Petition disposed of accordingly. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)