WP.2097-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 2097 OF 2010 Dilip Sitaram Kapadia ... Petitioner Vs. Paramanand Jamnadas Kapadia & Ors. ... Respondents *** Mr. Hina A. Mody, for the Petitioner. Mrs. P. P. Bhosale, APP for the Respondent-State *** CORAM : V. M. KANADE, J. DATED : AUGUST 18, 2010. P.C. : 1. Heard the learned counsel for the petitioner. The petitioner is aggrieved by the order dated 16th June, 2010 passed by the learned Additional Sessions Judge, Mumbai whereby the learned Judge rejected the revision, directed against the order dated 10-3-2010 passed by the Additional C.M.M., whereby the learned Magistrate was pleased to postpone the issuance of process under S. 202 Cr.P.C. and was pleased to call report of the police under the said provision. 2. The petitioner has filed a complaint for the offences WP.2097-10 - 2 - punishable under S. 406, 420, 463, 464, 467, 468, 470, 471, 120-A read with S. 120-A of the Indian Penal Code against respondent Nos. 1 to 6 in the Court of Metropolitan Magistrate, 4th Court, Girgaum, Bombay. The grievance of the petitioner is that while passing the said order, it is observed that nature of the complaint appears to be of a civil nature. In my view there is no substance in the submission made on behalf of the petitioner, since the learned Magistrate after perusing the complaint has exercised his discretion which is vested in him and found it fit to call for the report from the police under S. 202 Cr.P.C. No Case is made out for interference with the said order passed by the learned Magistrate. The police shall however, make an inquiry and submit the report without being influenced by the observations made by the learned Magistrate that the complaint appears to be of civil nature. . The writ petition is accordingly dismissed with above direction. [V. M. KANADE, J.]