: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 346 OF 2009 A. Quyam Habib Shaikh .. Petitioner v/s. The State of Maharashtra and Ors. .. Respondents ........ Mr. Shirish Gupte, Sr. Adv. i/by Ms. Sharmila Kaushik for petitioner. Mr. D.P. Adsule, APP for State Mr. A.S. Mohite for respondent No.2. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 2nd December, 2009. P.C. : 1. We have heard Mr. Gupte learned Senior Counsel with Ms. Kaushik for the petitioner. 2. We have perused the affidavit in reply filed by Shri Sarjerao Thombare, respondent No.3 and the subsequent affidavit by filed by Shri Rajendra Dahale, Dy. Commissioner of Police, Crime Branch (EOW), Police Commissioner Police, Pune City. It has been stated in the affidavit of Shri. : 2 : Dahale that the Director General of Police, Maharashtra State is the competent authority for taking disciplinary action against respondent No.3 who is presently posted as Asst. Commissioner of Police, Control Room, Commissioner of Police office at Pune and the said officer has been issued a final order of punishment on 24.11.2009. A copy of the said order is placed on record and it shows that the punishment awarded to respondent No.3 is stoppage of increment for one year. 3. Now coming to the grievances of the petitioner pertaining to the investigation into his complaint by the police, on perusal of the said complaint, we are of the opinion that the petitioner is relegated to an equally efficacious remedy of filing a private complaint in the Court of the learned JMFC at Baramati, if he so desires and there is no case made out to invoke our powers under Article 226 of the Constitution of India and to issue directions as prayed. 4. Hence, the petition is disposed with liberty to file a private complaint for the offences punishable u/s. 379, 380, 447 and 457 r/w. section 34 of IPC before the competent Court. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]