1 5.wp.1252-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1252 OF 2010 Mr.Anil Jagannath Subhedar and Anr. ..Petitioners. Vs. The State of Maharashtra and 5 others. .. Respondents. .......... Mr.A.P. Mundargi, i/b. Mr.Kedar J. Patil, Advocate for the Petitioners. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 17TH JANUARY, 2011. P.C. 1. By this Petition, twofold relief is claimed by the Petitioners -- firstly of quashing the F.I.R. bearing C.R. No.3013 of 2007 dated 19.8.2007 registered at Dahiwadi Police Station. The second relief is to direct the Respondents to pay the compensation to the Petitioners for the false and malicious prosecution. 2. Insofaras the first relief is concerned, it is not in dispute that the Investigating Officer has after completion of the investigation filed chargesheet/police report under Section 173(2) of Cr.P.C. before the appropriate Court. Needless to observe that along with the said chargesheet, all the relevant material and evidence collected by the PPD 2 5.wp.1252-10 Investigating Officer during the course of investigation must have been placed on record before the concerned Court. 3. Taking overall view of the matter, therefore, it may not be appropriate to entertain the present Writ Petition that too in exercise of discretionary relief under Article 226 of the Constitution of India to quash the FIR as prayed. The Petitioners, however, may avail of such other remedy as may be permissible in law before the appropriate Court consequential to filing of the chargesheet. All the questions in that behalf are left open. 4. Insofar as the second relief is concerned, since the chargesheet has been filed, it is premature to decide the Petitioners' grievance that they are being per-secuted by the investigating agency as such. Instead, we will leave that question open with liberty to the Petitioners to agitate the same as and when occasion arises after conclusion of the matter emanating on the basis of the chargesheet filed by the Investigating Officer before the concerned Court. All questions in that behalf are left open. 5. Petition is disposed of on the above terms. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)