1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2526/2009. (Shri Sanjeev Nuvrutti Ovhal Vs. The State of Maharashtra and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Vivek Bhavthankar, Advocate for applicant; Mr.SG Nandedkar, APP for State; Mr.SS Choudhari, Adv.h./for Mr.Y.S.Choudhari, for Resp.No.2 ___ CORAM : K.U.CHANDIWAL, J. DATE : 14 th September,2009. 1. Heard Mr.Bhavthankar and Mr.SS Choudhari for respective parties.. 2. The applicant herein, while working as Chief Officer of the Municipal Council, has passed certain orders in his official capacity. However, the complainant lodged a complaint with the learned Magistrate and the learned Magistrate in terms of Section 156(3) Cr.P.C. directed investigation. The police recorded offence, vide Crime No. 2/2009 at Ambejogai Police Station. Since apparently the learned Judge has not taken cognizance, the very action of challenging the order passed in terms of Section 156(3) of Cr.P.C., is premature. Needless to add the official capacity as Chief Officer of the Municipal Council 2 will not invite any coercive action of arresting him by the Investigator in pursuance of registration of the Crime No.2/2009. 3. With these observations, Criminal Application disposed of. ( K.U.CHANDIWAL ) JUDGE bdv/cran2526.09