8. cr appln 3444-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3444 OF 2010 Rajesh Rathi & Anr .. Applicants Vs Hansraj Laxmidas Merchant & Ors .. Respondents Mr. Vivek Bajwa a/w Mr. D.K. Sinha, Mr. Jay Kansara, Mr. Satyavrat Joshi i/b M/s. Vidhil Partners for the Applicants Mr. E.A. Sasi for Respondent No. 1 Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th SEPTEMBER,2010. P.C.: 1. Heard learned advocate for the applicants-original accused, learned advocate for respondent no. 1-original complainant and learned APP for the State. 2. The applicants are mainly seeking quashing of Complaint No. CC 0800187/SW/2009 pending before the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Mumbai. The applicants are also inter alia seeking quashing of order dated 14th December 2009 passed by learned Additional Chief Metropolitan Magistrate in the said case whereby he directed investigation under Section 156(3) of Cr.P.C. 1 8. cr appln 3444-10.doc 3. Learned advocate for the applicants has submitted that during pendency of this application, the Marine Drive Police Station registered the complaint as MECR No.2 of 2010 and submitted a report before the Magistrate wherein they had prayed for grant of 'B' summary. He submitted that in view of the fact that the investigating agency has prayed for grant of 'B' summery, nothing survives in the present application. 4. In view of the above facts, the application is disposed of as infructuous. However, in case, if the order on the application preferred by the investigating agency for 'B' summary is adverse to the applicants, liberty is granted to the applicants to move before the appropriate forum for appropriate reliefs. 5. Application is disposed of with aforesaid liberty. [SMT. V.K. TAHILRAMANI, J.] 2 8. cr appln 3444-10.doc 3