..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1787 OF 2008 Shailesh J. Dawda. ..Petitioner. Versus Mrs.Leelamma Pappachen and Anr. ..Respondents. .... Mr.Sachin B. Thorat, Adv. for the petitioner. Mr.S.S.Kulkarni, Adv. for orig.complainant. Mr.A.S.Shitole, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 20th October, 2008. DATED : 20th October, 2008. DATED : 20th October, 2008. P.C.: 1. Heard the learned Advocate for the petitioner-orig.accused, the learned Advocate for respondent No.1-orig.complainant and the learned APP for the State. 2. The petitioner is seeking quashing of R.C.C. No.46 of 2008 which is in respect of complaint filed by respondent No.1 which is pending before the learned J.M.F.C. at Vashi. The said case is interalia under Sections 420, 406 read with 34 of Indian Penal Code. ..(2).. 3. It is an admitted fact that the said case has been referred under Section 156(3) of Cr.P.C.. The learned APP, on instructions, states that the police have filed report and they have prayed for C-Summary. 4. In view of the above, I do not find it necessary to entertain the present petition. It would be open to the complainant to advance his submissions before the learned Magistrate when the application for C-summary is being decided by the learned Magistrate. 5. With the above observations, Writ Petition is disposed of. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)