1 wp1134.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1134 OF 2010 Jeevankumar S. Dasi & Anr. ....Petitioners. Vs. The State of Maharashtra & Anr. ....Respondents Mr. Douglas Lopez, advocate for petitioner. Mr. K.V.Saste, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 13, 2010. P.C. 1. As recorded in order dated 8th July, 2010, the Petitioners have confined this Petition only in terms of prayer clause (c). Prayer clause (c) reads thus: “That Hon’ble Court may be pleased to order the appropriate authorities to conduct an enquiry and initiate criminal prosecution against Mr. P.M.Thakte, Under Secretary and Mr. Shivraj, clerk, working in the Public Health Department, Family Welfare, Health Ministry, Mantralaya, Mumbai 400032, State of Maharashtra and all other concerned for causing filing of false F.I.R. against the petitioners, for demanding bribe, making false allegations, for the illegal arrest and humiliation of petitioners and for dereliction of duty.” 2 wp1134.10 2. Considering the argument advanced across the bar, it appears that in connection with twofold grievance, the Petitioners have asked for one composite relief. Insofar as the relief of proceeding against the concerned government officials for filing of false FIR against him or for that matter his illegal arrest and humiliation is concerned, that grievance can be considered only after criminal trial against the Petitioners ends up in acquittal of the Petitioners. It is not possible to prejudge the allegations of the Petitioners with regard to the false case made out against them in the FIR. Accordingly, that relief cannot be entertained at this stage being premature. Indeed, as aforesaid, if the Petitioners are acquitted in relation to the criminal case pending against them, they would be free to pursue such remedy, as may be advised. We express no opinion in that regard. 3. Insofar as grievance of the Petitioners that the named government officials had demanded bribe from them or that they have committed dereliction of duty, it is fairly accepted that no written complaint has been filed by the Petitioners to the superiors of the named officials. As and when the Petitioners make such written complaint to the appropriate authority regarding demand of bribe or for that matter dereliction of duty of the concerned government officials, we hope and trust that the concerned authority would examine the said complaint on its 3 wp1134.10 own merits and proceed in accordance with law. Besides this, we do not think it necessary to enter into any other controversy. Petition disposed of accordingly. 4. It will be open to the Petitioners to approach the trial Court for expeditious hearing of trial pending against them. That application be considered on its own merits. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)