1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2145 OF 2009 Hanumant Devidas Bansode .. Petitioner. Vs. The Senior Inspector of Police & Ors. .. Respondents. Mr.V.V.Purwant for the petitioner. Mrs.A.S.Pai A.P.P. for the State. Mr.P.G.Sarda for respondent nos.3 and 4. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 5TH APRIL, 2010. P.C. Heard learned counsel for the parties. 2. By this writ petition, the petitioner is seeking direction to the investigating agency to register an offence against respondent nos.3 and 4 and file charge-sheet against them. In view of the averments made in the writ petition so also the arguments advanced by learned counsel for the petitioner on 22.3.2010, this court had directed learned A.P.P. to file reply affidavit stating as to why they excluded respondent nos.3 and 4 from the array of the accused at the stage of filing of the charge-sheet. Accordingly, the A.P.P. has filed the affidavit of Shri M.S.Choudhary, Taluka Barshi, District Solapur. We have perused the affidavit and more particularly paragraphs 3, 4 and 5 thereof, and, in our opinion, the grounds mentioned in the affidavit for deleting respondent nos.4 and 5 from the array of the accused cannot be faulted. We are, therefore, not inclined to interfere in S 2 writ jurisdiction of this court under Article 226 of the Constitution of India. However, we observe that it is always open to the trial Court to proceed even against other persons appearing to be guilty of offence. Keeping this power conferred on the trial court under section 319 of the Code of Criminal Procedure this petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)