1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2403/2009 Kanchan K.Bapardekar Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr.M.S.Karnik, for petitioner Ms.Kejriwal,APP A.P.I.Anil Wadhavane , and P.S.I. P.N.Bhagat present CORAM : SMT.RANJANA DESAI, & SMT.MRIDULA BHATKAR,JJ. DATE : 29th JANUARY, 2010 . P.C. . We are informed that the investigating officer has filed ‘C’ summary before the Metropolitan Magistrate, 37th Court ,Esplanade, Mumbai. Obviously, therefore, learned Magistrate will issue notice to the petitioner. The petitioner will have to be heard before the final order is passed. 2] In view of this the present petition cannot be entertained . Needless to say that petitioner will be at liberty to adopt appropriate remedy including filing petition in this Court if he so desires in case the order passed by learned Magistrate is adverse to him and any proceeding filed by him will be decided in accordance with law. 2 3] We have expressed no opinion on the merits of the case. 4] The petition is disposed of. (Smt.Ranjana Desai,J.) (Smt.Mridula Bhatkar,J.)