1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1166 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. R.N.Kachawe, for the petitioner. Mr Ashok R Pande for respondent nos 2 and 3. Mr P.A.Pol, PP for the State. Mr Pandharinath Patil, API Collaba police station. CORAM: D.B.BHOSALE AND R.V.MORE, JJ. DATE : 22/04/2010 PC: Heard learned counsel for the parties. Counsel for the petitioner seeks leave to delete respondent no.10 from the array of the respondents. Leave granted. Amendment to be carried out forthwith. Learned PP, on instructions from Mr Patil, API, who is present in the court, submits that the police had registered C.R.No.12 of 2010 on the basis of the complaint lodged by the petitioner for the T 2 offence under sections 452,447 read with 34 of IPC. After registering the offence he submits that the police carried out investigation and they propose to file summary report before the learned Magistrate. In view of the statement made by the learned PP, learned counsel for the petitioner prays for withdrawal of this writ petition with liberty to the petitioner to contest the summary report that would be filed by the investigating officer. He further seeks direction to the learned Magistrate to issue notice to the respondent before passing any order on the summary report. In the circumstances, the writ petition is disposed of as withdrawn with liberty as prayed. It is needless to state that a notice will have to be issued to the petitioner before passing any order on the summary report and that the learned Magistrate shall give an opportunity of being heard to the petitioner. With these observations, the 3 writ petition is disposed of. (R.V.MORE, J.) (D.B.BHOSALE, J.) 4