1 2689.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2689 OF 2011 Damodar Chabaldas Tolani ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.Yogesh Dalvi i/b Mr.Vishal Patil for Petitioner. Mrs.M.M.Deshmukh, A.P.P. for Respondent-State. ...... CORAM:- A.M.KHANWILKAR AND K.K.TATED, JJ. DATED:- DECEMBER 16, 2011. P.C. 1. The grievance of the petitioner is that he is not only a senior citizen but also handicap person. When he approached the local Police Station regarding complaint against respondent Nos.2 and 3, he did not receive any response from the concerned Officer. He had sent written complaint on 10th February, 2011 addressed to the Senior Inspector of Mulund Police Station but of no avail. Even thereafter, the petitioner had sent representation on 24th December, 2011 which remained unreplied. For that reason, the petitioner has approached this Court for direction against the Officer In- charge of the Mulund Police Station to register FIR in connection with his written complaint against the respondent Nos.2 and 3. 2 2689.11 2. Considering the nature of controversy, initially it was suggested that the Social Service Branch of the police wing may look into the matter and counsel the respective parties. Today, we are informed by the learned A.P.P. that the parties are not forthcoming for any settlement. As a result, the matter will have to proceed further in accordance with law. 3. We dispose of this Petition with direction to the Officer In-charge of the Mulund Police Station to record the statement of the petitioner if he visits the said Police Station on 22nd December, 2011 between 10.00 a.m. to 12.00 noon and if the said statement discloses commission of cognizable offence, must proceed in the matter in accordance with law. All questions raised by the petitioner are left open. 4. We further make it clear that this order is not an expression of opinion either way as to whether the petitioner has made out case for commission of cognizable offence. That is a matter which will have to be considered by the Officer In-charge of the concerned Police Station on its own merits in accordance with law. (K.K.TATED, J.) (A.M.KHANWILKAR, J.)