1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.558 OF 2009 Suryakant Sharadprasad Sharma ..Petitioner -versus The State of Maharashtra & ors .. Respondents Mr M.S. Mohite, for the Petitioner. Mr A.S. Gadkari, APP for the state. CORAM: SMT. RANJANA DESAI, J) R. G. KETKAR JJ DATED: 20th April, 2009 P.C. 1. The petitioner is complainant in MECR No.7 of 2008 registered with Respondent No.3 u/s 420, 466, 471 r/w 34 of Indian Penal Code. This case is being investigated by Andheri Police Station. 2. The grievance of the petitioner is that the Police are not investigating the case properly. The learned APP on instructions from Mr.Ravindra Patil, Police Inspector, attached to Andheri Police, makes a statement that the police have investigated the case and they are going to file 2 'C' summery report in the Court of learned Magistrate who is seized with the matter. The learned APP states that due notice will be given to the petitioner. Needless to say the learned Magistrate shall hear the petitioner before passing any order. 3. In view of this, the petition can not be entertained. However, we make it clear that we have not expressed any opinion on the merits of the case. All the contentions raised by the petitioner are kept open. The petition is disposed of in the aforesaid terms. (SMT RANJANA DESAI,J) (R.G. KETKAR, J)