1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.423 OF 2011 (Motikapoor s/o Manikrao Moon ..vs.. Learned District and Sessions Judge, Wardha and others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. Yusuf Bombaywala, Advocate for the petitioner, Mr. T.A. Mirza, Addl. P. P. for the respondents. C ORAM : P.V. HARDAS AND S.B.DESHMUKH, JJ. DATED : 25TH AUGUST, 2011. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of writ of mandamus, directing the Judicial Magistrate First Class, Wardha to file a complaint against original accused No.4 for an offence punishable under Section 205 of the Indian Penal Code. It appears that on the day on which the criminal trial was fixed before the Judicial Magistrate First Class, at Wardha, original accused No.4, who was absent, was allegedly represented someone else and thus according to the petitioner, an offence punishable under Section 205 of the Indian Penal Code had been committed. The petitioner accordingly moved the trial Court for taking action against original accused No.4 and the person who 2 had posed himself as original accused No.4. The trial Court directed an enquiry and it appears that after conclusion of the enquiry, an enquiry afresh also came to be directed. Presently, it appears that an enquiry is being conducted by the trial Court and is said to be pending. In that light of the matter, therefore, according to us, the present writ petition filed by the petitioner is a premature petition. We are, therefore, not inclined to interfere in the aforesaid petition. However, we grant liberty to the petitioner to file a fresh petition in respect of the same reliefs after conclusion of the enquiry by the trial Court and after the trial Court decides the application filed by the petitioner requesting the trial Court to file a complaint against original accused No.4 and the person, who had posed himself as original accused No.4. In that light of the matter, we, therefore, dismiss the petition with liberty as stated hereinabove. As the enquiry is pending, we, therefore, direct the trial Court to complete the aforesaid enquiry as expeditiously as possible. JUDGE JUDGE. pma