1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3189/2009 Pralhad Somala Rathod & ors ..vs.. State of Maharshtra, thr. PSO P.S. Pusad and anr. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. K. S. Narwade, Advocate for applicants. Mr. D. M. Kale, A.P.P. for non applicant no.1. CORAM:- R. Y. GANOO, J. DATED :- 17 th SEPTEMBER,2009 1. Heard learned Advocates for the parties. 2. On a private complaint filed by one Hari Rathod, learned Judicial Magistrate First Class, Pusad passed an order thereby directing investigation under Section 156 (3) of the Code of Criminal Procedure and ordered that report should be submitted within 60 days. Accordingly, Police have registered the First Information Report on 23.06.2009 and have recorded statement of said Hari. At this stage, the applicants have challenged the said F.I.R. 3. In my view, the present institution of the application is at the premature stage because after order under Section 156 (3) of the Code of Criminal Procedure is passed, the Police will have to carry out investigation and 2 submit a report to the learned Judicial Magistrate First Class and, thereafter, some specific order will be passed by learned Judicial Magistrate First Class. Hence, the order. (a) The application stands dismissed. (b) Needless to mention that if after perusing the report, learned Judicial Magistrate First Class, Pusad passes an order of issuance of process against applicants, the applicants are free to attend to the said order in accordance with the provisions of law. (c) No views are expressed on merits of the matter. JUDGE kahale