1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.382 OF 2010 Rajendra C. Dhuru : Petitioner V/s. Municipal Corporation of Gr. Mumbai & Anr. : Respondents .... Mr.Niteen Pradhan i/b. Ms R.R.Dhuru and Mr.P.Y.Shankar for the petitioner. Mr.Sandeep Patil for respondent no.1. Mr.J.P.Kharge, Addl. Public Prosecutor for respondent no.2. ... CORAM : B.R. GAVAI, J. DATE : APRIL 19, 2010. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. The petitioner has filed this petition for quashing and setting aside the order passed by the learned Metropolitan Magistrate in Criminal Case No.410/483/SS/2009 (751/SS of 2009) thereby issuing process and the order dated 14.1.2010 passed by the learned Addl. Sessions Judge, City Civil & Sessions Court, Gr. Bombay, in Criminal Revision Application 2 No.1288 of 2009 thereby dismissing the revision. 3. The complaint came to be filed by the respondent no.1 alleging therein that the petitioner had dug up two ring wells without permission of the competent authority. 4. Since it was the specific case of the petitioner that he had not dug up any well, the responsible officer of the Corporation was directed to inspect the premises of the petitioner, after giving due notice to him. 5. In pursuance of the order dated 17.3.2010, the responsible officer of the Corporation has inspected the spot and after verification of the papers, it has been found that the allegations made against the petitioner are not correct. A note has been prepared by the Asstt.I.O.(City) for withdrawal of C.C.No.4101483/55/2009 upon approval of the higher authority. A copy of the said inspection report is taken on record and marked `X’ for identification. 6. Since the allegations against the petitioner have been found to be without any substance after the premises of the petitioner have been duly inspected, I do not find that any purpose would be served by keeping the matter pending. 3 7. Rule is, therefore, made absolute in terms of prayer clause (b). B. R. GAVAI, J.