1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION Ld CRIMINAL CRIMINAL CRIMINAL WRIT WRIT WRIT PETITION NO.1860 OF 2006 PETITION NO.1860 OF 2006 PETITION NO.1860 OF 2006 Fatima Jabbar Shaikh & anr... Petitioners versus Mr.Bhalchandra Kale & ors .. Respondents Mr.P.G.Hartalkar, Advocate for Petitioner Mr.Ganesh Sovani,Advocate for Resps nos.4 & 5 Ms.S.D.Shinde, APP for State CORAM CORAM CORAM : : : J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.ROSHAN SMT.ROSHAN SMT.ROSHAN DALVI, JJ DALVI, JJ DALVI, JJ DATED DATED DATED : 18th October, 2006 : 18th October, 2006 : 18th October, 2006 P.C. P.C. P.C. 1. Heard. 2. The petitioner has approached this Court seeking a departmental inquiry against the Police 2 Officers i.e. respondent os. 1 to 5 for falsely prosecuting them which has resulted in undue harassment and they were made to suffer atrocities committed by high officers of the police department but, no action has been taken against them. 3. We have examined the petition and various orders annexed to it. On earlier occasion also, the petitioners approached this Court by filing Writ Petition No.1877 of 2005 and by an order dated 19th December, 2005 they withdrew the petition to enable them to take recourse to appropriate alternative remedy after obtaining sanction from the State Government to prosecute the Officers who were responsible for their malicious prosecution but, instead of pursuing the remedy after a lapse of almost one year, they have again come to this Court seeking a direction that a departmental inquiry be conducted by high officials of the police against the respondent nos. 1 to 5 who are all police Officers. 4. We find that such reliefs cannot be granted. The petitioners had a remedy in taking recourse to criminal prosecution or civil suit for damages which they have not availed of and therefore, we 3 find no merit in the petition. 5. Petition is dismissed. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J) (J.N.Patel,J) (J.N.Patel,J) (J.N.Patel,J)