1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2008 OF 2009 Sangeeta Gawa @ Anjali Kulkarni. .. Petitioner Vs The State of Maharashtra & Ors. .. Respondents -- Ms Kranti S.S. Anand for the Petitioner. Dr. F.R. Shaikh, APP for the State/Respondents. -- CORAM : J.N. PATEL & A.A. SAYED, JJ DATED : 17TH DECEMBER, 2009 P.C. The learned APP has placed before us record and proceedings in respect of departmental inquiry conducted against PSI Bhausaheb Balasaheb Gaikar on the complaint of the Petitioner. The said PSI Gaikar was found guilty of having committed breach of duty and therefore, the Respondent-State has taken disciplinary action and he was punished by the order passed by Joint Commissioner of Police, Mumbai, who is disciplinary authority by awarding punishment of stopping one increment for a period of one year without any cumulative effect on future pay scale. The delinquent thereafter preferred an appeal before the Appellate Authority which has rejected the same. 2 2. It is the contention of the learned counsel appearing for the Petitioner that there is one case of demanding and accepting bribe by the said PSI Gaikar and the State ought to have prosecuted him for the said offence under the provisions of Prevention of Corruption Act, 1988 and the Indian Penal Code. In addition to the reliefs sought against the said PSI Gaikar, the Petitioner has also sought stay of the proceedings in the trial Court in respect of five cases which are pending before the learned Metropolitan Magistrate Court, 17th Court, Borivali, Mumbai. 3. Taking into consideration the case papers of departmental enquiry, we are of the opinion that the State has taken a decision to initiate only departmental proceedings against the PSI Gaikar and not to file any criminal case. We do not find that such a decision is arbitrary in nature considering the material available against PSI Gaikar. We therefore find that there is no merit in the Writ Petition and the same accordingly is dismissed. J.N. PATEL, J A.A. SAYED, J