1 3672.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3672 OF 2010 Sialesh Gulan Advani & Ors. ...Petitioners Versus The Senior Inspector of Police & Ors. ...Respondents ...... Mr.Charanjeet Chanderpal – Petitioner No.3 in-person. Mr.J.P.Yagnik, A.P.P. for State. Mr.A.G.Damle for Respondent No.7. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 12, 2011. P.C. 1. By this Petition under Article 226 of the Constitution of India, in substance, it is prayed that the Police Authority be directed to thoroughly investigate complaints filed at Azad Maidan, Santacruz and Bandra Police Stations including F.I.R. No.250/2010 and file report before the concerned Court under Section 173(2) of the Code of Criminal Procedure at the earliest. Further, during the investigation, if it transpires that false and frivolous complaint has been lodged against the Petitioners or any one of them, the Police must act in accordance with law and take action against 2 3672.10 such persons who are responsible to lodge false and frivolous complaint against the Petitioners. It is further prayed that direction be issued to Police Authorities not to cause any undue hardship to the Petitioners or to unnecessarily arrest and humiliate them. It is lastly prayed that the investigation should also explore the angle as to whether any of the Police Officials in any of the subject Police Stations have connived or have acted under influence or under dictation of the complainants without appropriate inquiry. 2. Considering the nature of reliefs, we are in agreement with the submission made by the Counsel for Respondent No.7 Bar Council of Maharashtra & Goa that the said Respondent is neither necessary nor proper party to the present Writ Petition. 3. Insofar as the first relief is concerned, it may appear to be a benign relief. However, we may observe that the concerned Police Officials are obliged to investigate into the F.I.R. registered with the concerned Police Stations and submit appropriate report at the end of the investigation to the appropriate Court. Needless to observe that during the investigation, if it transpires that false and frivolous allegations have been made against any of 3 3672.10 the Petitioners, the Police Officials would bring that fact on record and also take that aspect to its logical end. That is the requirement of law. 4. Insofar as the second prayer is concerned, we cannot express any opinion one way or the other in the present Petition unless specific instance of hardship and unnecessary arrest caused to any of the Petitioners is brought on record. As and when that occasion arises, the same will be considered by the concerned Court in accordance with law. 5. Insofar as the third relief is concerned, we have no hesitation in taking the view that during the investigation of any of the registered cases, the investigator will have to explore all angles before submission of police report to the concerned Court. Once again, this is a very vague and general relief claimed in the present Petition. Except the above observation, nothing further is required to be observed. 6. Petition is disposed of on the above terms. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)