1 wp3029.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3029 OF 2010 Subhangi Dhanaji Jadhav. ....Petitioner Vs. State of Maharashtra & ors. ....Respondents. Mr.D.J.Shejal i/b. Gunaratan Sadavarte, advocate for petitioner. Mr.P.A.Pol, PP for State. CORAM:- P.V.HARDAS AND M.N.GILANI, JJ DATED:- MARCH 22, 2011 P.C. 1 This is a Petition under Article 226 of the Constitution of India by which the Petitioner prays for issuance of a writ of mandamus by prayer clause (a) to the Petition for directing investigation in respect of the complaint submitted by the Petitioner and to register an offence on the basis of the said complaint and the investigation thereof be transferred to the State C.I.D. and further direction 2 wp3029.10 to conduct prompt investigation in respect of the said complaint. Vide prayer clause (b) to the Petition, the Petitioner has prayed for issuance of an order on the complaint of the Petitioner for being enquired by a judicial officer in respect of the grievance of the complainant. Vide prayer clause (c) to the Petition, the Petitioner has prayed for awarding compensation to the petitioner. 2 It appears that on the basis of the complaint of the Petitioner an offence vide Crime No.180 of 2010 came to be registered on 23rd November, 2010. The learned APP now states that pursuant to the investigation, the police had submitted B-Plus Prosecution Summary. The prosecution therefore, has submitted a summary that the allegations against the accused are false and that the Petitioner should be prosecuted. The Petitioner who is the complainant accordingly appeared before the Magistrate on 17th March, 2011 and now we are informed that the next date for consideration of the Summary is 19th April, 2011. 3 In the light of the fact that the Summary has been submitted before the Magistrate and the Magistrate is seized of the entire investigation, according to us, the reliefs, the Petitioner has prayed for at this stage, cannot be granted to the Petitioner. While deciding the summary, it would be always open to the Magistrate whether to accept the summary or to direct fresh investigation. In 3 wp3029.10 the light of the matter therefore, we are not inclined to interfere at this stage and accordingly, this Writ Petition is therefore summarily dismissed with no order as to costs. (M.N.GILANI, J) (P.V.HARDAS, J)