1 wp2249.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 2249 of 2010 Major Ramesh Shivji Upadhyay ..Petitioner v/s. State of Maharashtra ..Respondent Ms. Latika H. Belindage for the petitioner. Mr. Amit Desai with Ms. Rohini Salian – spl. PP with Mr. P.A. Pol – PP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 08, 2010. P.C. This Petition is received through jail. The only grievance made in this Petition is that the Petitioner was illegally detained between 24th October, 2008 when he was infact arrested until 28th October, 2008. On the basis of this assertion it is prayed that appropriate action be taken against the concerned officials and the Petitioner be compensated in that behalf. Counsel for the Petitioner has brought to our notice that the Petitioner made this very grievance in the affidavit filed before the JMFC, Pimpri. The fact 2 wp2249.10.sxw remains that the trial against the Petitioner is still pending before the appropriate Court. The grievance made in this Petition can be legitimately pursued by the Petitioner in the said proceedings. If the Petitioner was to raise such plea, we have no manner of doubt that the trial Court would consider the same on its own merits in accordance with law and pass appropriate directions as may be warranted in the fact situation of the case. 2. In the circumstances, this Petition is disposed of with liberty to the Petitioner to pursue his remedy before the concerned designated Court where the main trial is pending for the reliefs claimed in the present Petition. 3. Court expresses word of gratitude for the able assistance given by the Learned Amicus Curiae. 4. Copy of this order be forwarded to the Petitioner who is in jail, forthwith. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)