IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.18 OF 2009 Shriniwas Gajanan Mahaddalkar. ..Petitioner. Vs. The State of Maharashtra ..Respondents. and Ors. Mr Vishwajit P. Sawant, Advocate for the Petitioner. Mr A. R. Pitale, Advocate for Respondent No.3. Mrs U. V. Kejariwal, A.P.P. for Respondent - State. CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND A.R. JOSHI,JJ. A.R. JOSHI,JJ. A.R. JOSHI,JJ. DATED : 11TH FEBRUARY,2009. DATED : 11TH FEBRUARY,2009. DATED : 11TH FEBRUARY,2009. P.C.:- P.C.:- P.C.:- 1. By this writ petition a complaint dated 20th June, 2006 lodged by the Tree Officer, Thane Municipal Corporation, has been challenged and sought to be quashed on the ground that it does not disclose any offence. 2. We have perused the F.I.R. in which it is stated that Shri Anil V. Bhakre filed a complaint saying that the four trees in Aai Dham Society, "B" Wing, Aainagar, Kalwa (West) have been cut without permission. Thereafter, on 15.12.2008 a notice has been issued to the Petitioner to appear before the concerned Officer. It is surprising to note that despite the complaint was filed on 20.6.2006 and the notices were issued on 15.12.2008 the police has not proceeded in the matter, at all, for two years. We have perused the letter which merely informs the petitioner that a case has been registered against him. In our view, this is a matter of investigation in order to reveal whether the offence has been committed by the petitioner or somebodyelse. 3. The petitioner contends that an application seeking permission for cutting the trees was not decided within a stipulated period of time. That may be a defence for the petitioner but that cannot be taken into consideration in this proceeding. The petition is without merit and it is liable to be dismissed. ( 3 ) 4. In the result, the petition is dismissed. (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) (A.R. JOSHI,J) (A.R. JOSHI,J) (A.R. JOSHI,J)