IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1797 OF 2009 Shivaji Tukaram Karale ...Applicant vs. Balasaheb Vitthal Gade & Anr. ...Respondents Mr.Chetan Akarkar for the applicant Mr.Y.M.Nakhawa A.P.P for State CORAM : A.S.OKA,J. DATE : JUNE 8, 2009 P.C. 1 Heard the Advocate for the applicant. The first respondent filed a private complaint against the applicant alleging commission of offence under section 468, 406, 420 of the Indian Penal Code. On the said private complaint the learned Magistrate has passed an order on 5th September 2007 calling for the report under section 202 of the Code of Criminal Procedure,1973 (herein after referred to as the said Code). The applicant has invoked section 482 of the said Code for quashing the said order. 2 The submission of the learned counsel for the applicant is that the learned Magistrate has taken cognizance of the complaint by passing an order of calling for the report under section 202 of the said Code. He submitted that on plain reading of the complaint, no case is made out to proceed against the applicant. He has placed reliance on the decision of the Apex Court in case of Mohd Yusuf Vs. Afaq Jahan (Smt) and another[ (2006) 1 S.C.C. 627]. 3. I have considered the submissions. As of today, only order passed by the lerned Magistrate is of calling for the report under section 202 of the said Code. After the report is received, the learned Magistrate has to decide as to whether or not there is sufficient ground to proceed further. Therefore, at this stage, no interference is called for. It is well settled that the jurisdiction under section 482 of the said Code has to be exercised sparingly and only in exceptional cases. Looking to the nature of the impugned order, no case is made out for interference at this stage. The application is rejected. However, all contentions raised by the applicant on merits of the complaint are expressly kept open which can be agitated by the applicant at appropriate stage. JUDGE