1 WP : 392.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.392 OF 2011 Shri Dhareppa Malkari Sankh & Ors. .... Petitioners (Ori. accused) Vs. State of Maharashtra & Anr. .... Respondents (No.2 ori. complainant) Mr. Umesh Mankapure for petitioners. Mr. S.A. Shaikh, APP for State. Mr. K.S. Patil i/by Mr. Prashant M. Patil for respondent no.2. Coram : Smt. R.P.SondurBaldota, J. Date : 13th December, 2011 P.C. 1. This petition is preferred under Article 227 of Constitution of India and 482 of Code of Criminal Procedure to challenge the order dtd. 6th January 2011 passed by Judicial Magistrate First Class, Jath in Regular Criminal 2 WP : 392.2011 Case No.3 of 2011 giving directions under Section 156(3) of Criminal Procedure Code for investigation. The petitioners are the accused in the complaint filed by Shivgonda Mahadeo Patil, Secretary of Bharat Shikshan Sanstha, Udgir, Taluka Jath for the offence punishable under Sections 403, 406, 409, 463, 464, 465, 468, 471, 120(B), 474, 475, 379, 420 read with 34 of Indian Penal Code. The petitioners contend that there are disputes amongst the members of the trust leading to formation of rival groups. Consequently, at a time there were two set of trustees functioning in the trust. Each set of trustees had removed the office bearers of the trust appointed by the other. Mr. Mankapure submits that the change reports in respect of the changes in the trustees have been pending for consideration of the Assistant Charity Commissioner. According to him, unless the change reports are either accepted or rejected by the Assistant Charity Commissioner, no offence as alleged in the complaint can be made out. I find no substance in the argument. Since the impugned order 3 WP : 392.2011 merely directs investigation under Section 156(3) Code of Criminal Procedure, the petitioners need to wait until investigation by the police is complete. Therefore, the petition is dismissed in limine. (Smt. R.P.SondurBaldota, J)