1 wp.2383.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2383 OF 2010 Gurav Sitaram Hari Choudhari & Ors. ...Petitioners Versus The State of Maharashtra & Ors. ...Respondents ...... Ms.Malika Ajay Ingle for Petitioners. Mr.A.S.Gadkari, A.P.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 15, 2010. P.C. 1. Heard Counsel for the Petitioners and the learned A.P.P. 2. By this Petition, the Petitioners pray for direction against the Respondents to register F.I.R. against the named persons for being involved in commission of offence punishable under Sections 465, 466, 467, 468, 471, 420, 34/114 of the Indian Penal Code and investigate the matter. In the complaint made to the concerned Police Station from time to time, it has been repeatedly placed on record that the named persons are responsible for offence of cheating and forgery. Inspite of that, the Investigating Officer opted for first recording statements of witnesses and 2 wp.2383.10.sxw on the basis of the said material, formed his opinion that the case was in the nature of civil dispute. Indeed, the Investigating Officer has taken opinion of Law Officer who has gone to the extent of saying that no offence has been made out. We called upon the learned A.P.P. to point out material collected by the Investigating Officer, in particular, with regard to the documents referred to by the Petitioners in respect of which grievance is made that the named persons have indulged in forgery. We wanted to know as to whether the Investigating Officer had made attempt of comparing the signatures appearing on the said document. It appears that no such attempt has been made thus far. We fail to understand as to how the Law Officer could have reached at the conclusion that no offence has been made out on the basis of the material collected by the Investigating Officer. 3. Be that as it may, if the complaint discloses cognizable offence, by now, it is established position that the Police have no option but to register F.I.R. in respect of said complaint unless the case comes under the excepted category. In the fact situation of the present case, we are of the view that the case would not come under excepted category. Resultantly, the Investigating Officer should have first registered the F.I.R. and then proceeded with the investigation and more so, in the context of the 3 wp.2383.10.sxw allegations of forgery and cheating, which is the principal grievance of the Petitioners. 4. In the circumstances, we allow this Petition with direction to the Respondents to first register the FIR and then proceed with the investigation in accordance with law. 5. Petition disposed of on the above terms. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)