1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2575 OF 2009 M/s. Reliable Extraction Industries Pvt., Ltd., .. Petitioners. vs. The State of Maharashtra & Ors. .. Respondents. Mr.. Dipen Furia i/by M/s. Niramjan & Co. for the petitioners. Mr. A.S. Gadkari, APP., for the Respondent/State. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 19TH NOVEMBER, 2009 P.C. : The respondents have filed affidavit in reply of the I.O. who has stated that the complaint lodged by the petitioner was registered vide C.R. No. 124/2009 at the Pydhonie Police Station, Mumbai. After completion of the preliminary investigation of the said C.R., police has filed a report i.e. "C" Summary before the learned Metropolitan Magistrate, 2nd Court, Mazgaon. If that is so, then we direct the respondent-State to give notice of the "C" Summary along with the copy of the report to the petitioner and 2 inform the Metropolitan Magistrate, 2nd Court at Mazgaon. We direct the learned Metropolitan Magistrate, 2nd Court to issue notice to the petitioner as and when "C" summary is taken up by the learned Metropolitan Magistrate for consideration as the petitioner is the complainant in the matter and it is after hearing the complainant the learned Metropolitan Magistrate should pass appropriate orders in accordance with law. 2. It will be open to the petitioner to satisfy the learned Metropolitan Magistrate that a cognizable offence has been made out as it is left to the judicial discretion of the learned Metropolitan Magistrate either to accept or reject the report i.e. "C" summary. 3. In view of the aforesaid order, nothing survives in the petition. The same stands dismissed accordingly. ( J. N. PATEL, J.) ( A. A. SAYED, J.)