1 2619.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2619 OF 2010 Mrs.Sharda W/o.Harish Thakkar & Anr. ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Satish Mishra i/b Mr.A.M.Saraogi for Petitioner. Mr.A.S.Gadkari, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 1, 2011. P.C. 1. The grievance in this Petition is about the inaction of the local police in registering F.I.R. in respect of complaint dated 28th August, 2010 Exhibit `D’. However, the said communication Exhibit `D’ is a legal notice sent by the Advocate. That cannot be treated as statement of the petitioner as such. The petitioner, if so advised, is free to present himself before the local police station for recording the statement and if the statement given by him discloses commission of cognizable offence only thereafter the Police Officer in-charge of the Police Station will be obliged to register the F.I.R. under Section 154 of the Code of Criminal Procedure. 2 2619.10 2. In the circumstances, we dispose of this Petition with liberty to the petitioner to approach the Officer In-charge of the local police station who in turn will record the statement of the petitioner and proceed in the matter in accordance with law. Learned A.P.P. has invited our attention to the fact that the Petitioner had filed another Writ Petition being Criminal Writ Petition No.1210/2010 which was disposed of on 14th September, 2010. On the basis of the said order, the local Police has already registered F.I.R. bearing No.238 of 2010 dated 25th September, 2010 with Sion Police Station. 3. Counsel for the petitioner submits that the complaint referred to in the communication sent by the Advocate, however, pertains to another incident. That is a matter to be considered by the Officer In-charge of the Police Station. When the petitioners will come forward to record their statements, on the basis of the same, appropriate action in accordance with law be proceeded with. 4. Petition disposed of on the above terms. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)