IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1098 OF 2008 WRIT PETITION NO.1098 OF 2008 WRIT PETITION NO.1098 OF 2008 Mrs.L.Nehar Rahaman & Anr. ..Petitioners. V/s. Union of India & Ors. ..Respondents. Petitioner No.2 - in person. Mr.Vinod Joshi for Union of India. Ms.L.P.Munim i/b. Rajesh Kothari & Co. for respondent No.7. Mrs.M.M.Deshmukh, A.G.P. for State. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 14TH NOVENBER, 2008. DATED : 14TH NOVENBER, 2008. DATED : 14TH NOVENBER, 2008. P.C. :- P.C. :- P.C. :- 1. Petitioners are husband and wife. It was initially the grievance of the petitioners that there were acts of sexual misconduct against the petitioner No.1 and yet no action was taken. We are informed of the fact that criminal proceedings are pending and charge-sheet was filed and charge under section 509 of the Indian Penal Code has been framed against the accused in those proceedings. The contention of the petitioners is that some other charges also ought to have been framed. If that be so, it would be open for - = : 2 : = - the petitioners to move the Magistrate to whatever relief he is entitled. 2. The next grievance of the petitioners is that there are attempts on his life and, therefore, he had filed a complaint in that respect and initiated proceedings, including amongst others under section 307 of the I.P.C. When this petition came to be filed before this Court, learned Division Bench on 16/2/2008 had directed the Dean,J.J. Hospital to constitute a Committee to go into the allegations made by the petitioners in respect of administration of wrong drugs to him. It is based on this contention, the case of petitioner No.2 that there was an attempt on his life. The report has been received and copy of the report was also made available to the petitioner No.2. The matter was adjourned today. The petitioners still insists that the report is not correct. In our opinion, considering that the report is based on a Committee consisting of four Doctors, it would be difficult for us to go into that controversy. However, it is made clear that if the petitioners have any grievance, the dismissal of this petition will not stand in his way in taking out any such proceedings, they may be entitled to. 3. Petitioner No.2 then submits that there is - = : 3 : = - apprehension to his life and he be given police protection. Petitioner No.2 has now been transferred to Kolkata and he is now posted in Kolkata. Considering the above, in our opinion, if the petitioner has any grievance, then he can move the Judicial forum in that State. With this observations, the petition is disposed of. (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)