1 2668.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2668 OF 2010 Mr.Madhusudan Purushottam Rao ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.Pankaj Kavale for Petitioner. Mr.A.S.Gadkari, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- DECEMBER 3, 2010. P.C. 1. Two reliefs have been claimed in this Petition. It is prayed that the FIR No.II-54 of 2010 registered with Mira Road Police Station against the Petitioner be quashed and set-aside. Insofar as this relief is concerned, as investigation has already been completed and charge-sheet is also filed before the concerned Court on 21st October 2010 as is stated by the learned A.P.P., the question of quashing of FIR does not arise. If the Petitioner is so advised, he is free to pursue other appropriate remedy before the concerned Court. All questions raised in this Petition are left open. 2. Insofar as the other relief is concerned, it is prayed that direction be 2 2668.10.sxw issued to the Respondents to prosecute the Police Officers of local Crime Branch, the bogus customers and other persons, who had aided and abetted in carrying out a fake raid at Hotel Jalaja Inn situated at Royal Change Building, above Shamrao Vitthal Bank, Mira Bhayender Road, Mira Road (East), District Thane. This grievance can be considered only after the conclusion of the criminal case pending against the Petitioner. Only if the Petitioner was to be discharged or acquitted, as the case may be, he would be justified in maintaining the grievance that the Petitioner has been falsely implicated in the alleged offence. 3. The Petitioner will get opportunity to cross-examine the concerned police officials during the trial in connection with the pending criminal case against him. In any case, we do not think it appropriate to delve upon the grievance made by the Petitioner in this Petition at this stage and more so, being disputed question of fact. Even this grievance of the Petitioner is left open to be considered at appropriate stage in the concerned proceedings. 4. Accordingly, Petition is disposed of on the above terms. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)