IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1797 OF 2007 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.for the petitioner Ms S.V.Gajre A.P.P. for State Mr.Satyanarayan i/b M/s.Nagi & Associates for respondent no.1 CORAM: A.S.OKA,J. DATE : July 3,2009 P.C.: 1 By order dated 24 th April 2009 it was noted that after carrying out investigation, police have submitted a report claiming `C summary. By the said order, the learned Magistrate has been directed to pass an order on the said report in accordance with law. 2 The prayer in this writ petition is for quashing the proceedings initiated by the complaint filed by the first respondent on which order under section 156(3) of the Code of Criminal Procedure,1973 was passed. As stated earlier, now the report claiming `C summary has been filed. Therefore, at this stage it is not necessary to entertain this petition. The petition is disposed of by directing the learned Magistrate to expeditiously pass order on the said report, if not passed till today. 3 Before parting with this order, some observations will have to be made as regards what transpired in the case. On 7 th August 2007 on the basis of the order under section 156 (3) of the Code of Civil Procedure,1973 which is challenged in this petition, the 2 nd and 4 th petitioners were arrested. They were released on bail on 10 th August 2007. It must be noted here that before the said petitioners were arrested the concerned police officer could have carried out interrogation by calling them to the police station. Looking to the nature of the allegations made in the complaint, the learned Magistrate ought to have acted with caution before passing an order under section 156(3) of the said Code. 4 It is obvious that after the order is passed, the parties will be at liberty to file appropriate proceedings. All contentions of the parties on merits are kept open. JUDGE