1 wp-3323-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3323 OF 2010 Jitendra S. Kothari & ors. ...Petitioners Versus The State of Maharashtra ...Respondent Mr.Bhavesh Parmar for petitioner. Mr.A.S.Gadkari, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 23, 2011. P.C. 1. We have heard Mr. Parmar, the learned appointed Advocate and perused the order dated 10th February 2011 passed in this petition. Dr. Vinaykumar Rathod, Assistant Commissioner of Police, Wagle Estate, Thane has filed his first affidavit on 13th January 2011 and the second affidavit on 29/4/2011. The second affidavit has been filed pursuant to 2 wp-3323-2010 the enquiry made by now as per the directions of this Court. 2. The petitioner’s main allegations that he and his family members were assaulted, his shop was ransacked and cash and some mobile phone instruments were taken away by the police, have been enquired into and these allegations are unsubstantiated. As per the additional affidavit of Dr. Rathod, the Bank statement of the petitioner was verified and on 21/10/2010 he had deposited a cash of Rs.7,50,000/- and on 29/6/2010 he had deposited a cash of Rs.6,34,000/- with the bank. There was holiday on 24/10/2010 and on 25/10/2010 which was Monday, no cash was deposited with the bank. It was under these circumstances that the Assistant Commissioner found the statement of the petitioner, that on 23/10/2010 a cash of Rs.5,00,000/- was taken away by the police from his shop, to be unreliable. The petitioner filed affidavits of four persons in support of his allegations against the Police Officers and as per the affidavit filed by Dr. Rathod all these persons in an enquiry undertaken by him stated that their signatures were obtained on typed stamp paper and statements in the affidavits were made by some of them at the instance and request of the petitioner. 3 wp-3323-2010 3. On the face of these affidavits, we do not find any case made out to show indulgence in this petition to direct an enquiry into the alleged incident of 23rd October 2010. 4. The petition is rejected. We make it clear that this order will have no bearing on the investigation in C.R.No.1185 of 2010. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)