1 wp.2031.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2031 OF 2010 Shri Madan Vyankatesh Damale ...Petitioner Versus The Officer-in-charge & Police Inspector ...Respondents ...... Ms.Ashwini Takalkar for Petitioner. Mr.D.P.Adsule, A.P.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- AUGUST 31, 2010. P.C. 1. Heard Counsel for the Petitioner and the learned A.P.P. for the State. 2. By this Petition, it is prayed that direction be issued to Respondent No.1 to register FIR on the basis of complaint dated 3rd May 2008 and 4th August 2008 Exhibit A and B to the present Writ Petition and investigate the same in accordance with law. It is further prayed that appropriate direction be issued to Respondents 2, 3 and 4 to initiate departmental inquiry against the concerned Officers of Alibaug Police Station who are responsible to close the matter on the specious plea that the complaint is in the nature of a civil dispute. Even going by the plain language of the 2 wp.2031.10.sxw complaint as made by the Petitioner, it is noticed that the allegation was that the articles lying in the premises belonging to the Petitioner such as books, wooden bed, chairs, steel iron racks, etc. have been stolen. In other words, it is a case of theft committed in the premises of the Petitioner during the relevant period. 3. We are appalled to notice that even this is treated as civil dispute by the local Police. We, therefore, direct the Police Officials in Alibaug Police Station to register FIR in connection with the complaints filed by the Petitioner dated 3rd May 2008 and 4th August 2008 and proceed with the investigation of the case in accordance with law. The investigation shall however be handed over to Dy.S.P. Of the concerned area and not to involve the same official who was in charge of the investigation and has taken the view that the dispute was in the nature of civil dispute. 4. Insofar as prayer clause (b) is concerned, we leave it to the appropriate Authority to consider as to what action should be taken against the concerned Police Official who had closed the matter on the specious finding that the allegation contained in the complaint was in the nature of civil dispute only. 3 wp.2031.10.sxw 5. Copy of this order be forwarded to the Secretary, Home Department for information and appropriate action, as may be warranted. Petition disposed of accordingly. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)