1 wp-13-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 13 OF 2010 Mr.Shailesh Bhoja Poojari & anr. .... Petitioners vs State of Maharashtra & ors. .... Respondents Mr.Prashant G. Badole i/by Mr. Jeeva Joseph for the petitioners. Mrs. S. D. Shinde, APP for the State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 10th August, 2010 P.C.: We have heard the learned counsel for the petitioners and perused the affidavit in reply filed by Suresh Bapurao Gaikwad, Senior Police Inspector, Vikhroli Police Station, Mumbai. 2 This writ petition filed under Article 226 of the Constitution of India, prays for directions to the Senior Inspector of Police, Vikhroli Police Station (i) not to call both the petitioners without giving notice as per the provisions of Section 160 of Cr.PC and (ii) to initiate legal action against respondents 2 and 3 and other two police constables for the alleged illegal detention of petitioner no.1 on 10.11.2009 from 12 noon to 9.30 pm. 2 wp-13-10.sxw 3 As stated in the affidavit filed by the Senior Inspector of Police, complaint dated 11.11.2009 submitted by petitioner no.2, through his Advocate to the DCP, Zone-VII has been inquired into by Shri Kishor Patil, Assistant Commissioner of Police, Vikhroli Division and a copy of the inquiry report dated 26.12.2009 has been placed before us by the learned APP. We have perused the same. As per the said report, petitioner no.1 was taken to the Police Station for investigation into the incident that had taken place on 9.11.2009 in the premises at Saishraddha Apartment, Vikhroli (East) and consequently CR No.286/2009 registered for the offences punishable under Sections 307, 384, 506, 427 and 109 of IPC. We are satisfied that there is no case made out to issue the directions as prayed for. 4 Hence, the petition is rejected. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)