1 wp361510 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3615 OF 2010 Vishnu Prasad Baldeo Chaurasia ...Petitioner VERSUS State of Maharashtra & Anr. ...Respondents Mr. Akhilesh Upadhyay for the Petitioner Mr. K.V. Saste, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 7TH JANUARY, 2011 P.C.:- Heard the counsel for the petitioner and the learned A.P.P. 2. By this petition, it is prayed that direction be issued to the respondents to investigate the case for charges of robbery and grievous hurt against all the accused. 3. The learned A.P.P. submits that insofar as offence of grievous injury is concerned, on the basis of material gathered during the investigation, since that offence was disclosed, Section 326 of the Indian Penal Code has been applied by the Investigating Officer against all the accused. 2 wp361510 4. The only question is regarding non-application of charges of robbery. Insofar as this offence is concerned, the learned A.P.P. submits that in none of the statements given to the police in connection with the complaint dated 6th November, 2010, any allegation is found in the statement of the petitioner about commission of offence of robbery. As and when such material is gathered during the investigation, even the said offence can be applied against the accused. 5. The counsel for the petitioner invited our attention to document, Exhibit 'I' to the petition dated 11th November, 2010. This, however, is a legal notice sent by the advocate. That cannot be the basis to apply the offence of robbery. We have no manner of doubt that, as and when the Investigating Officer is in a position to gather material during the investigation attracting the said offence, the I.O. will take appropriate measures as may be warranted in the fact situation of the case. 6. The petition is disposed of accordingly. A.R. JOSHI, J. A.M. KHANWILKAR, J.