1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1826 OF 2009 Vasant Shivram Gavari & Anr. .. Petitioners Vs. The State of Maharashtra & Ors. .. Respondents Mr.P.B.Kakade for the petitioners Ms.P.H.Kantharia, A.P.P. for the respondent / State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 14TH DECEMBER, 2009 P.C. : 1. The learned A.P.P. has received a communication from Sr. P.I. Mulund dt. 1.12.2009 wherein it has been stated that investigation of the case has been completed and charge sheet has been filed on 30.11.2009 in the court of Metropolitan Magistrate, 27th Court, Mulund, Mumbai which is registered as C.C.No.633/PW/2009. 2. The learned counsel appearing for the petitioners submits that the Police has not recorded the F.I.R. promptly and correctly. On the other hand, it has blamed the Complainant in lodging the F.I.R. on 25.09.09 whereas the incident occurred on 13.05.09 and it was immediately reported to the 2 Police which is evident from the M.L.C. Reports issued by Municipal General Hospital, Mulund as Medico Legal Case of the Petitioner No.1, bearing M.L.C. No.08/10017 and Petitioner No.2, bearing M.L.C. No.09/10018. The Complainant and the victims can very well explain this during their trial at the stage their evidence would be recorded. In view of the fact that the Police has already filed charge sheet against respondent nos.5 and 6, nothing survives in the petition. Petition is, therefore, dismissed as infructuous.. ( J. N. Patel, J) (A.A. Sayed, J)