IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.817 OF 1998. WRIT PETITION NO.817 OF 1998. WRIT PETITION NO.817 OF 1998. Capt. A.S.A. Pagarkar. ..Petitioner. versus R.H. Mendonsa & Ors. ..Respondents. .... Mr.Ujwal Agandsurve, for the Petitioner. Mr.Dattatraya S. Manae,i/b. Mr. A.H.H.Ponda, for the Respondent No.6. Mrs.P.P.Shinde, APP, for the Respondent Nos. 1 to 5. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 11TH AUGUST,2008. : 11TH AUGUST,2008. : 11TH AUGUST,2008. P.C. 1. Heard the learned Counsel appearing for the Petitioner and the learned Counsel appearing for the sixth Respondent. The Petitioner has filed this Petition praying for quashing the proceedings initiated on complaint dated 18th March 1998 lodged at General Branch, CID, Mumbai, against the Petitioner. The sixth Respondent is the first informant. This Writ Petition was finally decided by this Court by order dated 20th February 2003 by quashing the investigation. This Court directed the Investigating Agency to drop the investigation. In Special Leave Petition filed by the sixth Respondent by order dated 21st February 2006, the order of this Court passed in Writ Petition was set aside and the - 2 - Writ Petition was remanded to this Court for fresh hearing. 2. The learned Counsel appearing for the Petitioner pointed out that in the meanwhile on the basis of the order passed by the this Court, a report was submitted by the Investigating Officer under section 169 of the Code of Criminal Procedure, 1973. The report was accepted by the learned Magistrate by passing order dated 24th June 2003. The submission of the learned Counsel for the Petitioner is that nothing survives in this Petition in view of the said order passed by the learned Magistrate which has not been challenged by the sixth Respondent or by any other party. 3. The learned Counsel appearing for the sixth Respondent has tendered submissions in writing. In the said submissions, it is submitted that the report was submitted under section 169 of the said Code on the basis of the Judgment of this Court which has been set aside. The prayer made by the sixth Respondent is that this Court should exercise powers under section 482 of the Code of Criminal Procedure, 1973 for quashing the said order of the learned Magistrate passed on the said report. It is - 3 - submitted that the in view of the order passed by the Apex Court, the order of the learned Magistrate be quashed and set aside. 4. I have carefully considered the submissions. The sixth Respondent or any other party has not challenged the order of the learned Magistrate passed on a report under section 169 of the said Code by which the case has to be ordered to be closed. In absence of any proceedings filed by the sixth Respondent, in this Petition filed by the Petitioner, the power under section 482 of the said Code cannot be invoked for passing an order in favour of the sixth Respondent. It is for the sixth Respondent to take appropriate steps in that behalf. 5. In view of report under section 169 of the Code of Criminal Procedure, 1973, by the learned Magistrate, nothing survives in this Petition and the same is disposed of. This order will not preclude the sixth Respondent from adopting appropriate proceedings. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]