1 2718.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2718 OF 2010 Mr.Kalpesh Maganlal Raichura ...Petitioner Versus State of Maharashtra ...Respondent ...... Mr.Pankaj D.Paruway i/b Mr.Kiran Singh for Petitioner. Mr.D.P.Adsule, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 27, 2010. P.C. 1. The grievance made in this Petition is that although the compliant filed by the Petitioner disclosed cognizable offence such as forgery of the Will in question as also allegations of cheating, no FIR has been registered so far. 2. The learned A.P.P. on instructions, states that the concerned Police Official after recording the statement of the Petitioner was of the opinion that since the dispute pertains to flat which was subject matter of Will and the competing claims were between the brothers in relation to that property, it was essentially a civil dispute. 2 2718.10.sxw 3. We fail to understand how allegation of forged Will can be coined as civil dispute, even if that is between the two brothers. In our opinion, the concerned Police Officials including Senior Police Inspector who has advised in this behalf were completely misdirected and ill-advised on the legal position. 4. We direct the Assistant Commissioner of Police, Samta Nagar Police Station to examine the complaint of the Petitioner and register FIR if it discloses cognizable offence and thereafter proceed with the investigation himself in accordance with law. 5. Petition disposed of on the above terms. 6. Copy of this order be forwarded to the Secretary, Home Department, for information and necessary action in the context of the untenable stand taken by the concerned Police Officials on the legal position. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)