1 wp-1336-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1336 OF 2010 Kantibhai Patel .... Petitioner vs State of Maharashtra (Amboli Police Station) .... Respondent None present for the petitioner. Mr. A. S. Gadkari, APP for respondent/State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 2nd August, 2010 P.C.: None was present for the petitioner on 05.07.2010 when we had directed the Amboli Police Station to file reply regarding the investigation in CR No. 41/2010. On 19.07.2010 none was present for the petitioner and today also none appears for the petitioner. 2 Shri Rajendra S. Kane, Assistant Police Inspector, attached to the Amboli Police Station, has filed his affidavit in reply and has stated that CR No.41/2010 was registered for the offence punishable under Section 304 B of IPC and on completion of investigation therein, a charge-sheet has been filed in the 22nd Court of Metropolitan Magistrate, Andheri, Mumbai on 17.07.2010 and the case has been registered as CC No.622/PS/2010. 3 Hence, it would not be appropriate to entertain this petition for quashing of 2 wp-1336-10.sxw the FIR at this stage and the remedy to apply for discharge may be available to him before the lower Court. 4 The petition is, therefore, dismissed. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)