1 wp1164.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1164 OF 2010 Shri Jitendra Mohalal Bhandari & Anr. ....Petitioners Vs. The State of Maharashtra & ors. ....Respondents Mr. Sujit Kurup, advocate for petitioner. Ms. S.V.Gajare, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 5, 2010. P.C. 1. Considering the fact that the Petitioners have not made any complaint to the superior officer after local police station refused to register the offence, in our opinion, instead of entertaining the grievance made in this Petition, the appropriate course is to dispose of this petition with liberty to the Petitioner to make complaint, oral or in writing, to the superior officer, who in turn shall take steps, as may be warranted in the fact situation of the case. In other words, if the complaint discloses cognisable offence, we have no doubt that the said superior officer would proceed to register FIR, unless in his opinion, the case falls in excepted category, which may require informal enquiry before registration of FIR. We leave all questions in that behalf open, to be considered at appropriate 2 wp1164.10 stage. 2. We further make it clear that the concerned authority to whom the written complaint will be sent by the Petitioner shall do the needful as expeditiously as possible in accordance with law. 3. Our attention was invited to annexure “C”, which is a legal notice sent by the Petitioner to the private respondent. Copy whereof was marked to the Assistant Police Inspector. That however, cannot be treated as complaint made to the superior officer by the Petitioner within the meaning of Section 154 of the Code of Criminal Procedure. 4. Petition disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)