1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.499/2009 Pratap s/o Premchand Agrawal ...Versus... State of Maharashtra, [Through P.S. Sadar, Nagpur] and another -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri A.S. Mardikar, Adv. for applicant] [Shri O.D. Kakde, APP for respondent No.1] CORAM:- A.B. CHAUDHARI, J. DATED :- 06.02.2009 Heard Counsel for applicant and A.P.P. for respondent. An order rejecting application under Section 203 of the Code of Criminal Procedure for dismissing complaint is under challenge in the present application. Learned Counsel for applicant in support of the application argued that such orders can be challenged under Section 482 of the Code of Criminal Procedure even at a late stage, if no case is made out by the complainant. He further argued that the trial Court 2 did not record any reasons for not adjudicating on the application under Section 203 of the Code of Criminal Procedure and the order of the trial Court is without any reason. Therefore, interference by this Court is required. Learned A.P.P. for respondent opposed the application. Having heard Counsel for the applicant and A.P.P. for the respondent, I find that the case was fixed for argument after the trial was over. It is not necessary to express anything about powers of the High Court under Section 482 of the Code of Criminal Procedure and its exercise even at a late stage. Fact remains that since the complaint is fixed for argument before the trial Court, I do not think it appropriate to stall the proceedings further before the trial Court. It is better for the applicant to argue the matter before the trial Court. I, therefore, do not entertain the present application. Criminal Application is dismissed. JUDGE ssw