1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2952 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Prakash Naik, Advocate, for the petitioner. Mrs M.M.Deshmukh, APP, for the respondent. Mr Rane, PI, Mr Kohimkar, PI, Poladpur Police Station, present. CORAM: D.B.BHOSALE AND A.R.JOSHI, JJ. DATE : 25/03/2010 PC: Heard learned counsel for the parties. By this petition, the petitioner is seeking directions to the respondents to take cognizance of a complaint dated 16.3.2009 and register an FIR on the basis thereof. Mr Naik, learned counsel for the petitioner, submits that the petitioner’s complaint dated 16.3.2009 discloses sufficient material against the persons, mentioned in the complaint, T 2 showing their involment in the offence of forgery and cheating. Ms Deshmukh, learned APP, on instructions, submits that the investigating officer is prepared to have a fresh look at the complaint dated 16.3.2009 and also to give audience to the petitioner and seek further details/ information from him in respect of the allegations made in the complaint. She further submits that on the basis of the complaint, the investigating officer would either register fresh crime or would carry out further investigation in C.R.No.25/2008, as provided for under section 173(8) of the Code of Criminal Procedure, if he finds that the allegations made in the complaint are sufficient to proceed against the persons named therein. In the circumstances, we do not find any reason to keep this petition pending any further and we are satisfied that the following order would meet the ends of justice. The Investigating Officer is 3 directed to look into the complaint dated 16.3.2009 afresh and to give audience to the petitioner and allow him to produce further material before him including the names of persons, who, according to the petitioner, are connected with the incidents of fraud and cheating, referred to in the said complaint. It is open to the investigating officer to proceed against the accused in accordance with law if he finds that there is sufficient material to proceed against them. At this stage, Mr Naik, learned counsel for the petitioner, seeks police protection to the petitioner. It is open to the petitioner to apply for police protection if he so desires and if any such application is made, same may be considered by the concerned authority in accordance with law. (A.R.JOSHI, J.) (D.B.BHOSALE, J.) 4