1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3542 OF 2011 Ismail A.Jetpurwala .. Petitioner V/s The Commissioner of Police & Ors. .. Respondents Mr.Akhilesh Singh for the petitioner. Mrs.S.D.Shinde, APP for the State. CORAM: A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE: 16th December, 2011. P.C.: 1. Since the FIR has been registered, prayer clause (a) of the petition does not survive. As regards prayer clause (b), counsel for the petitioner in all fairness submits that the petitioner would press the said relief only if he finds that the Investigating Officer has not performed his duty properly in investigating the matter. 2. Accordingly, petition is disposed of with liberty to the petitioner to file fresh petition praying for relief in terms of prayer clause (b) as and when the occasion arises. All questions in that behalf are kept open. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)