1 appln.334.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Application No. 334 of 2010 M/s. Rank Shipping Agency Pvt. Ltd. ....Applicant v/s. The State of Maharashtra & anr. ....Respondents Mr. Rajendra Sorankar for the applicant. Mr. D.N. Salvi, advocate for respondent no.2. Mr. D.R. More-APP for the State. CORAM: B.R. GAVAI, J. 29th June, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition, the petitioner prays for quashing of criminal case no. 214/CS/2002 and for the order dated 28th February, 2002 passed by the learned Chief Metropolitan Magistrate, Esplanade, Mumbai. The basic grievance of the petitioner is that the order of issuance of process and complaint in question is based on the findings given by the learned Commissioner of Customs. It is the contention of the petitioner that in view of reversion of the said order of learned Chief Metropolitan Magistrate, Esplanade, Mumbai vide order dated 28th February, 2002, the complaint was not at all tenable against the petitioner. 3. In an affidavit-in-reply this factual position is accepted by the respondents. It has also been stated that department has decided not to file any 2 appln.334.10.sxw appeal/proceedings against the order passed by the learned Chief Metropolitan Magistrate, Esplanade, Mumbai. 4. In that view of the matter, the issuance of process so also the complaint is devoid of substance. 5. Rule is therefore, made absolute in terms of prayer clause (a). (B.R. GAVAI, J)