JUDGMENT :

S.S. Shinde, J.

1. This Petition has been filed with following substantive prayers:

"[B] Respondent No. 1 to 4 may kindly be directed to take disciplinary or appropriate action against the investigating officer i.e. Respondent No. 5.

[C] By Way of an appropriate Writ, order or direction in the nature of Writ, Respondent Nos. 1 to 4 may kindly be directed and ordered to reinvestigate the crime or may kindly be directed to file further report/additional/supplementary charge sheet/appropriate report in accordance with law, before the appropriate Court of law in Crime No. 54/2017, Police Station, Majalgaon."

2. It is the case of the Petitioner that the Petitioner filed complaint on 9th June, 2017 in Majalgaon City Police Station alleging therein that on 9th June, 2017 at about .00 p.m. the Petitioner was severally beaten by accused Dinesh Mendke, Ankush Mendke and one another unknown accused with the help of stick/saddle (Kathi). The said assault was done on the say of Dr. Suresh @ Suryakant Sable. Therefore, the concerned police registered the offence vide Crime No. 54 of 2017 for the offence under Section 323, 324, 326, 341, 504, 506 read with 34 of the Indian Penal Code along with Section 3 and 4 of the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010, against the accused persons including Dr. Suryakant @ Dr. Suresh Sable. Thereafter on 10th June, 2017, supplementary statement of the Petitioner was recorded in which the correct name of accused was given as Rameshwar Mendke. During the course of investigation, the investigating officer recorded the statements of the witnesses, namely, Raju Chavan, Rajesh Salve, Vijay Salve, Ramesh Jadhav, Sachin Dakh, who have categorically stated about the involvement of Mr. Suryakant @ Suresh Sable, in the crime. After completion of the investigation, the investigating officer filed the charge-sheet before Judicial Magistrate, First Class, which is numbered as R.C.C. No. 85 of 2017. It is the case of the Petitioner that the investigating officer has not done the proper investigation and has not included the name of Dr. Suresh @ Suryakant Sable and Rameshwar Mendke as accused in the charge-sheet. Hence this Petition has been filed by the Petitioner.

3. Learned counsel appearing for the Petitioner submits that the investigating officer/Respondent No. 5 has deliberately not carried out the investigation in proper manner. The Petitioner has specifically given the complaint against Dr. Suryakant @ Suresh Sable and it is the case of the Petitioner that only on the instigation of Dr. Suryakant @ Suresh Sable the present crime has been committed by rest of the accused persons. It is submitted that even other witnesses have specifically stated about the involvement of Dr. Suryakant @ Suresh Sable in the crime, still the investigating officer has neither arrested Dr. Sable nor given him notice under Section 41A of the Code of Criminal Procedure. Though there was ample evidence against accused Dr. Sable and Rameshwar Mendke, the investigating officer has not filed the charge sheet against them. Even the investigating officer has not filed the report under Section 169 of the Code of Criminal Procedure against Dr. Sable and Rameshwar Mendke. Learned counsel further submits that the investigating officer has not given any notice/information to the Petitioner about filing of the charge-sheet. It is submitted that for obtaining call details, investigating officer has given wrong cell numbers to the Superintendent of Police. Learned counsel submits that the investigating officer has not carried out the investigation in impartial manner and therefore the Petition deserves to be allowed.

4. On the other hand, learned A.P.P. appearing for the Respondents, referring to the affidavit-in-reply filed on behalf of Respondent No. 5, submits that the Petitioner lodged complaint at City Police Station, Majalgaon on 9th June, 2017,