119wp461.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 461 of 2009 (Deepak Sheetal Prakash Sharma .vs. Basant Lall Shaw and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & P.B.Varale, JJ. Date : 11/09/2009. Heard Mr. S. P. Bhandarkar, Adv. for petitioner and Mr.S.J.Jichkar, Additional Public Prosecutor for respondent no.4. Counsel for petitioner states that the petitioner has filed a Criminal Complaint in the Court of Judicial Magistrate, First Class, Nagpur bearing Criminal Complaint Case No. 1702 of 2007 against the respondents u/s. 120 (B), 406, 407, 415, 417, 420, 461, 465, 466, 471, 511 r/w. Section 34 of the Indian Penal Code. It is contended that the following order is passed on 11.6.2007 by the Judicial Magistrate, First Class, 9th Court, Nagpur : “ Perused the Complaint, Verification Statement of complainant and perused the record in the legal or submission made by the ld. Counsel. 119wp461.09.odt 2 . Looking to the facts and circumstances of the case, coupled with the nature of offence, I am of the opinion to call report u/s. 202 of Cr. P. C. from concerned police station. Hence call report from Police Station, Hingna and M.I.D.C., Nagpur U/s. 202 of Cr. P. C.“ In the instant petition, the only grievance of the petitioner is that the criminal proceedings are pending since 2007 and therefore, prays that the Judicial Magistrate, First Class, Nagpur may be asked to accelerate the proceedings in accordance with law. In the backdrop of the above referred facts, it appears that the criminal proceedings are pending for a long time and the Magistrate has also called for a report from the concerned Police Station u/s. 202 of the Code of Criminal Procedure. If the report is received, the Magistrate is expected to take appropriate steps according to law after considering whether or not there is sufficient ground for proceeding with the matter. It is made clear that we have not expressed anything on the merits of the matter nor our observations should be 119wp461.09.odt 3 . construed as a direction to take cognizance of the complaint. It is entirely for the Magistrate to consider the report submitted by the concerned Police Station u/s. 202 of the Code of Criminal Procedure on its own merits and decide whether there are sufficient or insufficient grounds to proceed with the complaint and is expected to act accordingly. With these observations, the Criminal Writ Petition is disposed of. JUDGE JUDGE jais