1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 848 OF 2009 Rameshwar s/o Rajaram Kabra ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr J.G. Toshniwal, Advocate for the petitioner; Mr N.R. Shaikh, A.P.P. for respondents no.1, 3, 4 & 5; Mr H.S. Surve, Advocate for respondent no.6. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 18th October, 2010 PER COURT : This is a petition under Article 226 of the Constitution of India, filed by the petitioner praying therein for issuance of a writ of mandamus directing respondents no.2 to 4 to register an offence against respondent no.6 and the other accused who are involved in the offence on the basis of the complaint dated 20.9.2007 filed by respondent no.5 Sub-Registrar, Class-II, Jalna. The petitioner vide prayer clause (D), however, prays that on the basis of the complaint filed by the petitioner, respondents no.2 to 4 be directed to investigate the offence and file charge-sheet within 2 stipulated period in Crime No.I-38/2009, dated 20.3.2009. 2. It appears that the petitioner had filed a complaint as well as respondent no.5, i.e. the Sub-Registrar against respondent no.6. The petitioner by virtue of prayer clause (C) to the petition has prayed for issuance of a writ of mandamus directing the police authorities to register an offence on the basis of the complaint filed by respondent no.5. No relief is sought by respondent no.5 by filing an independent petition. Apart from the question of maintainability of such a relief, the prayer at prayer clause (C) at the behest of the petitioner itself is not maintainable. 3. As per the relief at prayer clause (D) to the petition the petitioner has prayed for expeditious filing of the charge-sheet. It appears that the petitioner lodged his complaint on 20.3.2009 and we are informed that a charge-sheet has been filed in the Court having jurisdiction on 29.1.2007 for an offence punishable under section 420, 465, 466, 467, 471, 474 and 120-B of the Indian Penal Code. It appears that the petitioner has raised a grievance before this Court that section 379 of the Indian Penal Code has not been added by the police while submitting the charge- sheet. 4. The sections which are included by the police at the time of filing of the charge-sheet certainly are not determinative at the time of framing of the charge on the Magistrate. The Magistrate has to independently 3 apply his mind and determine as to which offence prima facie has been made out and accordingly frame a charge. Thus, if the Magistrate finds that an offence punishable under section 379 has been prima facie made out, the Magistrate would certainly frame a charge under that provision. According to us, therefore, since the charge-sheet has been filed, it is not appropriate to issue any directions to the police for inclusion of section 379 of the Indian Penal Code in the said charge-sheet. Charge-sheet has been filed on 29.1.2010. We are informed that the charge has been framed by the Trial Court and evidence of the parties has already commenced. In that light of the matter, therefore, nothing survives in the present petition and the petition is, therefore, summarily dismissed with no order as to costs. ( A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/criwp848.09