vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3554 OF 2007 CRIMINAL APPLICATION NO.3554 OF 2007 CRIMINAL APPLICATION NO.3554 OF 2007 Smt.Prabhawati Parkhi ... Applicant V/s. Y.G. Chavare & Ors. ... Respondents Mr.J.D. Parkhi, C.A. for Applicant Mr.D.P. Adsule, APP, for Respondent-State Ms.Ruma Anil Navale for Respondent No.3-Union of India CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 7, 2008 APRIL 7, 2008 APRIL 7, 2008 P.C.: P.C.: P.C.: . The present application contains the following prayers: "a) The criminal proceeding in R.C.C. No.10 of 2003 pending since 8 years without a complaint in the court of the Respondent learned chief judicial magistrate Pune may be quashed and set aside. b) Pending the hearing and final disposal of this petition all further proceeding in R.C.C. No.10 of 2003 pending in the court of the Respondent learned chief judicial magistrate pune may be stayed. : 2 : c) The Respondent be ordered and directed to pay the exemplary costs of the present petition to the petitioner." 2. An affidavit has been filed by the CBI contending that the chargesheet has been filed and the charges have already been framed. One of the witnesses of the prosecution has also been examined. In fact, a non-bailable warrant has also been issued against the applicant. 3. On a perusal of the record, I find that the charges have been framed on 22.2.2008 and a witness has also been examined. The grievance of the applicant is that the charges have been framed behind her back and the witness has been examined without her being present in the Court. However, these are not the grounds on which the application before me has been filed. The application which has been filed in October 2007 merely states that criminal proceeding R.C.C. No.10 of 2003 has been pending for eight years without a complaint being on record before the Court and that in itself requires the proceeding before the Chief Judicial Magistrate, Pune to be quashed and set aside. 4. These allegations in my opinion, are unfounded since there is an order dated 3.10.2007 by which the : 3 : Chief Judicial Magistrate has observed that the CBI has treated the letter from the Joint Secretary to the Prime Minister, PMO, which is on record as information of the commission of the offence and regarded that letter as the complaint which has set in motion the investigation. 5. The grievance made in the application in my opinion, has become infructuous in view of the charges having been framed on 22.2.2008 and a witness having been examined. Therefore, if the applicant has a grievance in respect of these steps being taken by the Chief Judicial Magistrate, this is not the application in which those grievances can be redressed. Application is therefore dismissed.