- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.2764 OF 2008 WRIT PETITION NO.2764 OF 2008 WRIT PETITION NO.2764 OF 2008 Henry Thomas Godwin ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents Mr.Niranjan Mundergi for the petitioner Miss A.T.Javeri A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 23,2009 : APRIL 23,2009 : APRIL 23,2009 P.C.: P.C.: P.C.: 1. Heard learned counsel for the petitioner. The petitioner is the original complainant who filed a complaint alleging commission of offence under section 143,147,148,149,150, 153A (Part I), 324, 325, 452, 466, 471, 504,506 (II), 509 120-B r/w 34 of the Indian Penal Code. Initially, the order under section 202 of the Code of Criminal Procedure,1973 was passed. A Report was submitted by the police after carrying out investigation. The learned Magistrate issued process for offence under section 323 r/w 34 of the Indian Penal Code as against the accused nos.1 to 4. A revision application was filed by the petitioner making a grievance regarding failure of the learned Magistrate to issue process against accused nos.5 to 7. Revision application has been dismissed by the learned Additional Sessions Judge. 2. The learned counsel for the petitioner submitted that police have hardly carried out any investigation obviously - 2 - because the concerned accused persons happens to be the police officers. He has invited my attention to the averments made in the complaint as against the said accused nos.5 to 7. He submitted that the courts below have committed an error by not issuing process against the said accused. 3. I have perused the complaint. Even if the allegations made in the complaint as against the accused nos.5 to 7 is taken as it is, it is very difficult to come to the conclusion that a case is made out for proceeding against the said accused. Hence, the courts below have right in not issuing process against the said accused. There is no reason to interfere. Petition is rejected. JUDGE JUDGE JUDGE