1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 136/2011 Pritesh Kumar Bhupendra Bhai Patel vs. State of Maharashtra, through Secretary, Department of Home Affairs, Mantralaya, Mumbai 32 and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. Raj D. Wakode, Advocate for petitioner. Mrs. Ketki Joshi, APP for Respondents 1 to 3 CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 06.04.2011 Heard both sides. The petitioner is the first informant who has lodged FIR No. 57/2010 on 1.4.2010 in Police Station, Akot, District: Akola against respondent no.4. The said FIR is under sections 420, 482, 483, 485 of the Indian Penal Code and under sections 103 and 104 of the Trade Mark Act, 1999. Thereafter, investigation was conducted in the matter. The case of the petitioner is that he received a communication dated 15.11.2010 issued by respondent no.3 – The Police Station Officer, Police Station,Akot stating that investigation in the said FIR is over and after investigation it is revealed that no 2` offence is committed by respondent no.4, hence they intend to apply for “B” Summary. Being aggrieved by the said communication the petitioner has approached this Court and prayed that the said communication be quashed. The affidavit of the S.D.P.O., Akot shows that thereafter the Superintendent of Police, Akola went through the record in this case and he transferred the investigation to the S.D.P.O. Akot by his order dated 26.3.2011. In view of the fact that the investigation has been transferred to S.D.P.O. Akot for further investigation, the said communication dated 15.11.2010 does not survive. Hence, the grievance of the petitioner in relation to the communication dated 15.11.2010 also does not survive. Thus, the Writ Petition is disposed of as infructuous. JUDGE JUDGE patle 3`