1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION 1660 O 2009 Jaywant Shelar & Ors. ... Petitioners Vs. State of Maharashtra & Anr. ... Respondents Shri A.R.pande,Advocate, for the petitioner. Ms. A.T.javri, APP, for the respondent No.1 - State. Shri A.A.Mirza, Advocate for respondent No.2. CORAM: J.H.BHATIA,J. DATE : 30th June, 2010. P.C. 1. The petitioners were the Police Inspectors posted at Nagpada Police Station. On a report lodged by respondent No.2 that some of the accused persons had broken open his shop and had taken forcible possession. However, the petitioners as Police Officers of the Nagpada Police Station refused to take cognizance of the matter on the ground that it was a dispute of civil nature. Thereafter, the respondent No.2 filed a complaint before the Metropolitan Magistrate, Mazgaon, against the original accused as well as the present petitioners. The allegations against the present petitioners are that they had failed in discharging their duties as police officers and intentionally or knowingly they had disobeyed the directions of law which require them to register FIR in a 2 cognizable case and thereby they failed to take action against the culprits and to protect the interest of the complainant and they had committed offence under Section 166 IPC. The learned Metropolitan Magistrate directed the police to investigate the case under Section 156(3) Cr.P.C. without taking cognizance of the offence. Against that order, the petitioners have preferred the present petition. 2. The learned APP makes a statement that the case is being investigated by the Assistant Commissioner of Police in charge of that area and it is expected that he will make investigation fairly and impartially. In view of this statement by the learned APP, the learned Counsel for the petitioners seeks to withdraw the petition. The Petition stands disposed of as withdrawn. (J.H.BHATIA,J.)