1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3097 OF 2009 Mr. Vilas Pandurang Aabnave .... Petitioner vs The State of Maharashtra & anr. .... Respondents Mr. V.K. Talekar for the petitioner. Mrs. P.P. Shinde, APP for State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 15th June, 2010 P.C.: 1 Heard Mr. Talekar, learned counsel for the petitioner. 2 The complaint lodged by the petitioner has been investigated into by the RCF Police Station, Chembur, Mumbai and a B-summary report has been submitted on 11.06.2010 in the Court of Metropolitan Magistrate, Kurla, Mumbai. A copy of the said report has also been supplied to the petitioner. 3 Undoubtedly the petitioner has the right to cause his response so as to oppose the report as well as pray for further investigation. 4 As the report has been filed and the Court of Metropolitan Magistrate is seized of the said report, we do not deem it proper to pass any further order in this petition. 5 Hence, the petition is disposed off and we make it clear that the learned 2 Metropolitan Magistrate to consider the report on its own merits and without being influenced by this order. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)