M/s.Sleep-Ins Apparels v. The State of Maharashtra & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1550 OF 2012 M/s.Sleep-Ins Apparels Pvt. Ltd. & Ors. Vs. .. Petitioners. The State of Maharashtra & Ors. .. Respondents. Mr.Majeed Memon i/b MZM Legal for the petitioners. Mr.A.S.Gadkari APP for the State. CORAM : V. M. KANADE & P. D. KODE, JJ. DATED : 26TH APRIL, 2012 P.C.

By this petition which is filed under Article 226 of the Constitution of India the petitioner is seeking direction for quashing the complaint filed by IDBI Bank being C.C. No.404440 of 2010 which is pending before the J.M.F.C., 14th Court, Pune. Learned A.P.P. appearing on behalf of the State submits that though initially order was passed under section 156(3) of the Criminal Procedure Code and police was directed to make investigation. Accordingly, the report was submitted by the police under section 169 of the Criminal Procedure Code and it was treated that no case was made out against the accused. This report, however, is not accepted by the Magistrate and further directions has been given by the Magistrate to proceed with the case. It is, therefore, apparent that the complainant will have to take further steps in the matter and as such at this stage in 2 w1550.12 our view the petition which has been filed for quashing the complaint is filed at premature stage and no process has been issued on the complaint filed by the complainant. The petition, therefore, is disposed of on the ground that is filed prematurely. Liberty is granted to the petitioner to take out appropriate proceedings if the process is issued by the Magistrate. With these directions the petition is disposed of. (P. D. KODE, J.)

(V. M. KANADE, J.)