1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Writ Petition No.1259 of 2008 Alok Sudhir Sethi Petitioner Vs. The State of Maharashtra & anr. Respondents Mr.Manoharlal Sharma for petitioner. Mrs.A.S.Pai, APP for State. CORAM: B.H.MARLAPALLE & R.Y.GANOO,JJ. June 27, 2008 P.C. . Heard Mr.Sharma, the learned counsel for the petitioner. We have gone through the complaint presented before the learned Judicial Magistrate, First Class at Nashik i.e. C.C.No.165 of 2008 and we have no doubt that the complaint makes out a case for investigation by the police and the learned Magistrate has passed an order under Section 156(3) of Cr.P.C. directing the police to cause investigation. It is for the police to submit a report to the learned Judicial Magistrate First Class and undoubtedly under Section 203 of Cr.P.C. the Magistrate has the powers to dismiss the complaint if no case is made out in the police report. Even otherwise the petitioner can apply for discharge under Section 239 of Cr.P.C. as well. 2 . Hence no interference is called for and the petition is rejected summarily. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)