1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2059 OF 2009 Amanullah Mahd.Ali Khan & Anr. .. Petitioners V/s Commissioner of Police & Ors. .. Respondents Mr.K.K.Waghmare for the petitioners. Ms. A.S.Pai, APP for the State. CORAM: J.N.PATEL & A.A.SAYED, JJ. DATE: 6th November, 2009. P.C.: 1. Heard. This petition can be disposed of at the stage of admission itself. Petitioners have come before this Court seeking writ of mandamus against the Commissioner of Police, Pune, to inquire into the matter and hold departmental inquiry against the concerned police officers of Wanwadi Police Station, and further seeking that the complaint of the petitioner be transferred to the C.I.D.Crime Branch for investigation, inquiry etc., and for further direction that the offence u/s.406, 407, 420, 34 and 120B of the I.P.C.be registered against Mr.D.C.Sattoor, the Secretary and the other Committee members of the Society, so also against some police officers at Pune, some officials under the Registrar of Co-operative Societies, Pune, against the City Engineer of Pune Municipal Corporation and so also against the concerned builders and Architect. 2 2. Learned APP pointed out to this Court that as the matter is under examination by the officials of the Registrar, Co-operative Societies, the police do not want to proceed in the matter. If that is the case, nothing prevents the petitioner from filing the complaint case before the Magistrate having jurisdiction over the subject matter. 3. We therefore dispose of this petition with liberty to the petitioner to approach the learned Magistrate having jurisdiction over the subject matter of the case, by filing complaint case, if so advised. Petition stands disposed of accordingly. (J.N.PATEL, J.) (A.A.SAYED, J.)