1 wp2014.09 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2014 OF 2009 Goverdhan S. Hemnani. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Mr. G.A.Tambe & Vijay Dhawale, advocate for petitioner. Mr. D.P.Adsule, APP for State. CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 24, 2011. P.C. 1. By this Petition under Article 226 of the Constitution of India read with Section 482 of Criminal Procedure Code, it is prayed that C.R.No.858/PW/2009 pending before the Metropolitan Maigistrate’s Court No.32, Bandra; which C.R. was originally registered with Nirmal Nagar Police Station, Kherwadi, Bandra be quashed and set aside. Insofar as this relief is concerned, having regard to the fact that now the Investigating Officer has completed the investigation and has also filed police report/chargesheet under section 173(2) of the Code before the concerned Court, it would be open to the Petitioner to pursue his remedy before the concerned Court amongst other on the arguments which are raised in the 2 wp2014.09 present Petition. All those questions can be considered by the concerned court on its own merits in accordance with law. 2. As aforesaid, since the police report has already been filed, question of exercising discretionary jurisdiction to consider the relief of quashing of FIR does not arise. As a result, the Petition can be disposed of with liberty to the Petitioner to pursue his remedy before the concerned court in accordance with law. 3. There is one more relief claimed in this Petition namely to initiate action as per law against Respondent Nos. 2 to 5. Insofar as this relief is concerned, the same is founded on the assertion that the concerned police officials at the behest of the private respondent unauthorisedly dispossessed the Petitioner from the disputed premises. Even this grievance can be pursued by the Petitioner by way of appropriate proceedings either against the private respondents or even against the concerned police officials by name so that they can be made responsible jointly and severally alongwith the private respondents. All questions in that behalf are left open to be considered in an appropriate proceeding. 3 wp2014.09 4. Petition is accordingly disposed of with liberty to the Petitioner on the above terms. 5. As and when the Petitioner moves application before the concerned Court for relief in the context of police report filed in the pending criminal action, we hope and trust that the said application be decided expeditiously. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)