1 32.wp2459-11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION jmi WRIT PETITION NO. 2459 OF 2011. Mr. Devendra S/o.Late Kailash Narayan Nigam ..Petitioner. v/s. State of Maharashtra. ..Respondent. .... Mr. A.M. Saraogi, for Petitioner. Mr. V.B. Konde-Deshmukh, APP for Respondent. .... CORAM: A.M.KHANWILKAR & P.D. KODE, JJ. DATE : 29TH AUGUST, 2011. P.C.: The petitioner in the first instance had sent communication through Advocate to the Inspector Incharge of D.B. Marg Police Station vide letter dated 21st July 2011. The petitioner did not visit the police station for registration of oral complaint or in writing. Indeed, the petitioner sent follow up communication to the Inspector Incharge of the same police station on 10th August 2011, but that only refers to the fact that no reply has been received by him after the dispatch of Advocate’s letter dated 21st July 2011. 2. The Counsel for the petitioner in fairness accepts that the letter sent by the petitioner in the first place does not disclose cognizable offence by itself. Realising this position, he submits that the petitioner be permitted to appear before the officer Incharge of the local police station for recording of his statement and if the 2 32.wp2459-11 statement to be so recorded, discloses cognizable offence, the police authority may proceed in the matter in accordance with law. The Learned APP submits that the petitioner is free to do so. 3. The petitioner through Counsel assures to appear in the Office of the Officer Incharge of the D.B. Marg Police Station on 6th September 2011 at 11.00 a.m. when the concerned Officer shall cause to record the statement of the petitioner and thereafter proceed in the matter. 4. Petition disposed of on the above terms. All questions are kept open. 5. We make it clear that the liberty given to the petitioner is not an expression of opinion either way on merits of the case nor it is intended to direct the police officer to register the F.I.R. as such. He may do so, if the requirements of law are fulfilled in that behalf. (P.D. KODE, J.) (A.M. KHANWILKAR, J.)