:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 749 OF 2008 Shri Rajan Naik ..Petitioner Vs. The State of Maharashtra and anr. ..Respondents Mr. Niranjan Mundargi for petitioner. Mr. D.S. Mhaispurkar, APP for State. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. Dated: June 19, 2008. Dated: June 19, 2008. Dated: June 19, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Mundargi the learned counsel for the petitioner. Mr. Mhaispurkar, the learned APP, appears for the respondents and he has placed before us the investigation record, as is maintained by the respondent no.2. 2. In Complaint Misc. No. 119 of 2006 the learned Metropolitan Magistrate, 32nd Court, Bandra, Mumbai directed investigation under Section 156 (3) of Cr.P.C. on 28/9/2006 and on 25/6/2007 the respondent no.2 submitted the investigation report along with documents running from Page No.1 to 207. :2: 3. As per the petitioner he approached the learned Metropolitan Magistrate sometimes in November, 2007 through his Advocate and as per his information the court had directed the respondent no.2 not to submit half hearted report. Mr. Mundargi further submitted that as of now no case papers are available in the court of the learned Metropolitan Magistrate and, therefore, he could not obtain a certified copy of the Roznama and placed before us. 4. We have noted from the record submitted before us by the learned APP that after the report dated 25/6/2007 was submitted, the respondent no.2 has not received any papers from the court of the learned Metropolitan Magistrate. As far as the petitioner is concerned, he claims that he has no knowledge as of now whether any further order has been passed on the said report submitted by respondent no.2 or any other order as the case papers are missing. 5. In case the papers are not available, the :3: court will have to reconstruct the case papers with the assistance of the learned Advocate for the petitioner and the concerned police station and after the file is reconstructed, the learned Metropolitan Magistrate will pass appropriate order on the report dated 25/6/2007 treating it as a final report. 6. With the above directions, the petition is disposed off. 7. Writ to go to the subordinate court forthwith. (J.H. Bhatia, J.) (J.H. Bhatia, J.) (J.H. Bhatia, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)