- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.299 OF 2009 Sadashiv Ambadasrao Gayake ... PETITIONER VERSUS The State of Maharashtra & ors. ... RESPONDENTS ----- Shri V.D. Sapkal, Advocate for the petitioner Shri S.D. Kaldate, A.P.P. for respondents ----- CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 10th February, 2010. ORAL ORDER : 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of a writ directing respondent No.3 to act on the basis of notice dated 16.2.2009 and submit final report in the Court of Judicial Magistrate, First Class in respect of Crime No.89/1999, registered by Sillegaon Police Station. The petitioner also prays for directing respondent No.1 to conduct an enquiry against respondent Nos.2 - 2 - and 3 in respect of the telephonic talk between respondent Nos.2 and 3 on 23.3.2009 and the illegal directions issued by respondent No.2 to respondent No.3 for not submitting the final report in the Court. 2. Undisputedly the petitioner is a complainant on whose report an offence came to be registered. We need not refer to the earlier proceedings which had been filed in respect of the aforesaid crime which was registered on the basis of the report of the petitioner, but suffice it to state that the petitioner had received a communication dated 16.2.2009 from the investigating officer - respondent No.3, directing the petitioner to remain present on 24.2.2009 in the Court of Judicial Magistrate, First Class, Gangapur as the investigating officer was submitting the final report under Section 173(8) of the Code of Criminal Procedure. On the aforesaid date, a communication dated 24.2.2009 came to be addressed by the investigating officer to the learned Judicial Magistrate, First Class, Gangapur informing the learned Magistrate that the final report could not be submitted on account of a telephonic communication received from the superiors of respondent No.3. The communication further states that the subsequent date of submission of the final report would be notified to the parties and thereafter the final report would be - 3 - submitted. On the basis of the aforesaid two documents, the petitioner contends before us that a writ be issued to respondent No.3 to direct him to act pursuant to the notice dated 16.2.2009 and submit a final report. 3. On notice of this petition being issued to the respondents, the respondents have filed their affidavit-in-reply. In the affidavit-in-reply, it is stated that the respondent No.2 is the superior of respondent No.3 and accordingly, has supervisory jurisdiction and has directed him to defer the submission of the final report. The petitioner alleges that the aforesaid directions has been issued on the basis of the communication/ letter addressed by a person who is likely to be an accused in the event a charge sheet is submitted in the said crime. The contention of the petitioner, therefore, is that respondent No.3 has buckled under the pressure exerted by respondent No.2. 4. Undisputedly respondent No.2 is superior of respondent No.3 and consequently, has the jurisdiction to supervise the functioning of respondent No.3. Administrative directions were issued asking respondent No.3 to defer the submission of the final report. The aforesaid communication cannot be said either to be a colourable exercise of power or the - 4 - exercise of a power which is tainted with malafides. In any event, in the event the final report is adverse to the interest of the petitioner, petitioner has adequate remedies available in law. By writ of mandamus, the respondents cannot be directed to submit the final report particularly when the respondents state that the filing of the final report should be deferred. In that light of the matter, we do not find any merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. However, we may direct the respondents to expeditiously submit the final report in the said crime and not to unnecessarily delay the submission of the final report. [ SHRIHARI P. DAVARE, J.] [ P.V. HARDAS, J.] fmp/cwp299.10.