1 (crim wp 1029 of 2010 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1029 OF 2010 Mrs.Sirajuddin Shaikh Yusuf ...Petitioner Vs. The State of Maharashtra & Anr. ...Respondents ----- Mr.Rajesh Singh i/b. Mr. Ajay Mishra for the Petitioner Mrs.P.B. Bhosale -APP for the State Mr.B.K. Raje for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 2ND AUGUST, 2010 P.C. 1. This criminal writ petition has been filed by the Petitioner for quashing proceedings which are initiated under the provisions of section 145 of Cr.P.C. bearing case No. 183/N of 1998 pending before the 13th Metropolitan Magistrate Court at Dadar, Mumbai. 2. It is submitted that the proceedings were initiated in the year 1998 and more than 12 years have been passed and, therefore, the said proceedings may 2 (crim wp 1029 of 2010 ) be quashed, particularly when the police authorities have in their report stated that there is no likelihood of there being breach of peace between the two sides. 3. On the other hand, Shri Raje, the learned Counsel appearing on behalf of the Respondent No.2 has invited my attention to an order passed by Brother S.C. Dharmadhikari J. dated 14th December, 2003 in Criminal Writ Petition 717 of 2003. In the said petition, order passed by the learned Magistrate under section 145(1) of Cr.P.C. was challenged . The learned Single Judge, however, was of the opinion that the learned Magistrate should decide and conclude the proceedings expeditiously within three months. 4. In view of the direction given by this Court and refusal by the learned Single Judge to quash the preliminary order passed under section 145(1), it would not proper to now consider the application of 3 (crim wp 1029 of 2010 ) the Petitioner for quashing the said proceeding. The learned Magistrate is at liberty to pass appropriate orders on the basis of the report tendered by the police officer or take such decision in accordance with law. The learned Magistrate is, therefore, directed to decide the said proceeding and pass an order within eight weeks from today. 5. Petition is disposed of. (V.M. KANADE J.)