1 12.wp.3546-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3546 OF 2010 Shri Dilip Laxman Sambare. ..Petitioner. Vs. The State of Maharashtra and others. .. Respondents. .......... Mr.H.M. Inamdar, Advocate for the Petitioner. Mr.Anand S. Patil, Advocate for Respondent No.4. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 4th FEBRUARY, 2011. P.C. 1. The grievance of the Petitioner is that Section 326 of Indian Penal Code has not been applied by the local Police to the case at hand although the material on record would support that position. It is, however, not in dispute that after completion of the investigation charge-sheet has already been filed by the Investigating Officer. Consequent thereto, the Court took cognizance and has now also framed charges against the concerned accused. The offence pertains to year 2007. In this backdrop we would dispose of this Petition with observation that in the event the Petitioner is able to produce material during the trial to justify application of offence under Section 326 of PPD 2 12.wp.3546-10 IPC, the trial Court would be free to re-frame the charges or to add additional charge if the situation so warrants. All questions in that behalf are left open. The Petitioner is free to pursue his remedy before the trial Court including to bring on record that Investigating Officer has overlooked certain material aspects of the matter during the investigation of the case, if so advised. That grievance be considered on its own merits in accordance with law. 2. Petition is disposed of accordingly. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)