1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1820 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Raja Thakare i/b Mr Madhukar Dalvi, for the petitioner. Mr Rishi Bhuta, for respondent no.2. Mrs M.M.Deshmukh, APP, for the State. CORAM: D.B.BHOSALE AND A.R.JOSHI, JJ. DATE : 31/03/2010 PC: Heard learned counsel for the parties. By this writ petition, the petitioner has prayed for quashing and setting aside the FIR registered by the Yellow Gate Police Station bearing MECR No.02 of 2009 against the petitioner. Mr Thakare, learned counsel for the petitioner, at the outset, submits that there are three orders passed by this court in its Admiralty Jurisdiction which, according to the petitioner, are sufficient T 2 to exonerate him from the alleged offence. We have perused the petition and other material placed on record. Having regard to over all facts and circumstances of the case and the stage of investigation, we would not like to examine the petitioner's contentions at this stage and, in our opinion, the following order shall meet the ends of justice. The petitioner is allowed to furnish copies of the aforementioned orders passed by this court to the investigating officer within a period of eight days from today. If the petitioner furnishes copies of the orders to the investigating officer, we hope and trust that the investigating officer will go through the orders, apply his mind and, if necessary, also seek legal opinion and then to decide whether or not to file chargesheet against the petitioner. Learned APP, on instructions from the investigating officer who is present in the court, submits that the 3 investigating officer will undoubtedly look into those orders and find out whether the petitioner is involved in the offence. Her statement is accepted. We, however, make it clear that we are not issuing any direction to the investigating officer whether or not he should file chargesheet against the petitioner and he shall take decision in accordance with law and without being influenced by this order. With these observations, the writ petition is disposed of with liberty to the petitioner to adopt appropriate remedy in the event the police file chargesheet against the petitioner. All contentions of the petitioner on merits of the case are kept open. (A.R.JOSHI, J.) (D.B.BHOSALE, J.) 4