1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.1730 OF 2009 Deepak S. Gaikwad ...Petitioner. v. State of Maharashtra ...Respondents. Mr. A.P.Mundargi u/by Sandeep S. Salunghe, advs. For the Petitioner. Mr.Y.S.Shinde, APP For the Respondent No.1/State. CORAM : J.H. BHATIA, J. DATED : JUNE 24, 2010 P.C. 1 Application is filed seeking to quash the complaint in R.C.C.No.765/09 in the Court of J.M.F.C. Court No.5, Pune and also to stay the order dated 25.2.2009 directing the police to make investigation under Section 156(3) of the Cr.P.C. 2 The learned counsel for the parties informs that there are counter allegations by the complainant against the present petitioner and also by the petitioner against the complainant. The learned APP on instructions makes a statement that the petitioner has been co-operating with the Investigating Officer and his statement has also been recorded once. The learned counsel for the petitioner makes a statement that as and when police requires, applicant will make himself available for 2 investigation and will fully co-operate. Even though investigation was commenced after February, 2009, it is not yet completed and the matter pertains to advance of certain loan by the bank of which the petitioner was senior officer. 3 In view of the circumstances, with the consent of the learned counsel for the parties, application stands disposed off with the following directions: i. Applicant shall make himself available to the police as and when required for the purpose of interrogation/investigation and no coercive action shall be taken by the police against him pending the investigation. If after investigation, police wants to file charge-sheet against him, they shall give him atleast three days prior notice intimating him the date on which the charge-sheet would be filed so that the petitioner would remain present before the Court on the date when the charge-sheet is filed and he shall be at liberty to move an application for bail is so requires. (J.H. BHATIA,J.)