{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.911 OF 2010 Aves s/o Mobin Syed PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr.H.I.Pathan, Advocate for the petitioner Mr.N.R.Shaikh, APP for respondents State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 19th October 2010 PER COURT: 1. By this petition, filed under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ of mandamus directing the respondents to investigate crime No. 328/2009 registered at Police Station, Osmanpura, Aurangabad and to submit a charge sheet in the Court. As far as submission of the charge sheet is concerned, no writ of mandamus can be issued, because it would be the discretion of the authorities to submit a charge sheet in the event an offence is disclosed. 2. In any event, the First Information Report came to be {2} lodged on 30.10.2009 on the basis of which an offence vide crime No.328/2009 came to be registered by the Osmanpura police station, Aurangabad on 14.11.2009 for an offence punishable u/s 341, 325, 323, 504 r/w 34 of the Indian Penal Code. 3. On notice of this petition being issued to the respondents, the respondents have filed their affidavit in reply. In the affidavit in reply, particularly at para 5, details are stated in respect of the witnesses whose statements have been recorded. Thereafter, the contents of the affidavit in reply disclose that the investigating officer came to a prima facie conclusion that no offence was disclosed and it is stated that the matter has been referred for the opinion of the Public Prosecutor, Aurangabad City Division. It is further stated before us by the learned APP that shortly final report would be submitted before the Court of competent jurisdiction. 4. In the light of the aforesaid statement and since the investigation has been competed and the investigating officer intends to submit a final report, according to us, no grounds for interference are made out and consequently this petition, which is devoid of merit, is summarily dismissed with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/cwp911-10