IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1651 OF 2004 CRIMINAL APPLICATION NO. 1651 OF 2004 CRIMINAL APPLICATION NO. 1651 OF 2004 Vijay Suresh Taware ... Petitioner Vs. State of Maharashtra ... Respondent Mr. Prakash Naik for the petitioner. Mr. U.V.Nikam, APP, for the State. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 19th April,2006. 19th April,2006. 19th April,2006. P.C. P.C. P.C. 1. By this Application, the petitioner only challenges the order passesd by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai, directing the petitioner to produce evidence before him. His grievance is that the Magistrate should have issued direction under Section 153(3) of Cr.P.C. and should have sent the papers to the police for enquiry. 2. I do not find any merit in the Application. It is the discretion of the Magistrate. The Magistrate has rightly exercised it. The Application is, therefore, dismissed. -- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)