1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.1404 OF 2009 Jagdish Harchand Punjabi ...Petitioner vs. State of Maharashtra ...Respondent CORAM :A.S.OKA,J. DATE : JUNE 8, 2009 P.C. 1 Heard the lerned counsel for the petitioner. The petitioner filed a complaint before the learned Additional Chief Metropolitan Magistrate, 32nd Court, Bandra Court, Mumbai alleging commission of offence under section 120-B, 302, 465, 467, 468, 471 r/w 467 r/w 34 of the Indian Penal Code. In the said complaint, the petitioner prayed for a direction under section 156(3) of the Code of Criminal Procedure,1973. It is pointed out in the petition that on 12th May 2009, the learned Magistrate heard the counsel for the petitioner in support of the complaint and after fully hearing the counsel without passing any order, the learned Magistrate adjourned the complaint till 17th June 2009. 2 The submission of the learned counsel for the petitioner is that looking to the gravity of the allegations made in the complaint, the learned Magistrate 2 ought to have immediately passed an order on the complaint and he could not have kept the complaint pending for passing the order for more than one month. He submitted that the delay in passing the order has caused prejudice to the case of the petitioner. 3 There is some justification in the criticism made by the Advocate for the petitioner. After hearing the counsel for the petitioner, on 12th May 2009, the learned Magistrate could not have adjourned the complaint for passing the order and in fact the learned Magistrate ought to have passed the order one way or other. 4 Now the complaint has been fixed on 17th June 2009 for passing the order. The learned Magistrate will have to pass an order on the complaint and passing of the order cannot be delayed any further. 5 Hence, the Writ Petition is disposed of by passing the following order : i) The learned Magistrate is directed to pass appropriate order on the complaint filed by the petitioner in accordance with law as expeditiously as possible and in any event on or before 17th Jne 2009. ii)All contentions of the parties on merits are kept 3 open. iii)The learned Magistrate to act upon an authenticated copy of this order. JUDGE