bsb 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 CRI. CRI. CRI. APPLICATION NO. 1722 OF 2008 APPLICATION NO. 1722 OF 2008 APPLICATION NO. 1722 OF 2008 Priyesh Bheda ... Applicant v/s Vijaya Nadar & ors. ... Respondents Applicant present in person. Mr.P.A.Pol, A.P.P. for the respondent No.3 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH JUNE, 2008 6TH JUNE, 2008 6TH JUNE, 2008 P.C. P.C. P.C.: 1. The only issue involved in the present application is, whether while directing an enquiry under Section 156(3) of the Cr.P.C. the Magistrate was right in issuing notices/summonses to the non-applicant Nos.1 and 2. The applicant who appears in person has rightly pointed out that the enquiry contemplated under Section 156(3) does not envisage any hearing for the accused. The Investigating Officer would be required to produce a report after investigation and, therefore, the order passed by the Magistrate directing the issuance of notices/summonses to the non-applicant Nos.1 and 2 was uncalled for and is set aside. 2 2. The application is disposed of with a direction to the learned Magistrate to decide the application under Section 156(3) of the Cr.P.C., in accordance with law, without the presence of the respondent Nos.1 and 2 herein. 3. Application disposed of accordingly.