1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1363 OF 2009 Vijay Rane ..Petitioner versus Smt. Vandana Sawant Bhosle & Anr. ..Respondents Mr. A. P. Mundargi i/b. M. V. Kini & Co. for Petitioner. Mrs. P. P. Bhosale – APP for State. CORAM : S. A. BOBDE, J. DATED : 8TH SEPTEMBER, 2009. P.C. : 1. The petitioner has challenged the Order of the learned Magistrate dated 20th March 2009 directing re-investigation on the ground that the report of the police interalia does not disclose whether the Chairman of the petitioner BEST had a right to seal the premises. The respondents have filed a complaint against the petitioner under Section 341 of the Indian Penal Code on the ground that there is a wrongful restraint exercised by the chairman in sealing the premises of the respondent society. 2. A Division Bench of this Court in a matter challenging the registration of the FIR, on 5th February 2008 directed the investigation to be 2 completed within a period of two weeks and directed the I.O. to take into consideration whether the accused has a right to put up a paper slip on the premises restricting entry of the public to such society premises. 3. When the report was submitted the Magistrate noticed that such an investigation has not been carried out by the I.O. and has therefore merely redirected that investigation should be carried into the aspect enumerated by the High Court in its order dated 5th February 2008 and make a report accordingly. 4. Though it is submitted by the learned counsel for the petitioner that no offence is made out, it would be premature to give any findings on this submission especially when this Court had already directed that the investigation be completed in a matter where the registration of the FIR is challenged. In any case it is not possible to see any prejudice to the petitioner on account of the order of the Magistrate which is not inculpatory. Dismissed. (S. A. BOBDE, J.)