1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.541 OF 2009 Prakash Shamrao Lokrre ..Petitioner -versus State of Maharashtra .. Respondents Ms Sharmila Gaur, for the Petitioner. Ms P.H. Kantharia, APP for the state. Mr R.F. Lambey, for respondent Nos 5 and 6. CORAM: SMT. RANJANA DESAI, J) R. G. KETKAR JJ DATED: 20th April, 2009 P.C. 1. The petitioner's case is that respondent Nos 5 to 7 are making attempts to dispossess the petitioner from his shop and respondent Nos 2 to 4 are helping them. According to the petitioner, respondent Nos 2 to 5 have abused the petitioner by insulting his caste and threatened to kill him. The petitioner, filed complaint in 25th Metropolitan Magistrate Court, Mazgaon. The leaned Magistrate ordered inquiry and investigation u/s l56 (3) of 2 the Criminal Procedure Code. According to the petitioner, the police have not taken steps pursuant to this order. The learned APP, on instructions from Mr. I. H. Lakhi, API, Nagpada Police station, states that the police have investigated the case and have submitted 'B' summery before the learned Magistrate vide CC No.180/M/09 dated l7.3.2009. The letter addressed to her by Senior Police Inspector, Nagpada Police Station dated l6.4.2009 is taken on record and marked 'X'. 2. In view of this development, the present petition cannot be entertained. Needles to say that the copy of the 'B' Summery report will be served on the petitioner and the petitioner will be heard by the learned Magistrate. It would be open to the petitioner to challenge the order passed by the learned Magistrate, if he so desires in accordance with law. On the merits of the case, we have not expressed any opinion and all the contentions raised in the petition are kept open. 3. The petition is disposed of in aforesaid terms. 3 (SMT RANJANA DESAI,J) (R.G. KETKAR, J)