1 CriA-4930-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4930 OF 2009 Smt. Leelaben Harjeevan Dodhia & Ors. .. Applicants Vs. State of Maharashtra & Anr. ..Respondents Ms. Mallika Ingale,Advocate, for the applicants. Ms. M.H.Mhatre, APP, for the respondent No.1. Ms. Sunanda Barve, Advocate for respondent No.2. CORAM: J.H.BHATIA,J. DATE : 12th August, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. On a complaint field by respondent No.2 on 8.1.2008, her verification statement was recorded and thereafter the learned Magistrate passed an order to call report under Sec. 156(3) Cr.P.C. On the basis of that, police registered the offence, completed investigation and filed charge-sheet. Thereafter, the accused also appeared before the Court and copies of charge sheet was served on them on 6.10.2008. This Application under Sec. 482 Cr.P.C. was filed by the accused persons on 4.11.2009 seeking to quash the order passed by the Magistrate for investigation under Sec. 156(3) Cr.P.C. as well the investigation made by the police and the charge sheet field by the police. 2 CriA-4930-09.sxw 3. The leaned Counsel for the applicants contended hat once the verification statement is made, the Magistrate has no power to direct investigation under Sec. 156(3) Cr.P.C. and she finds support from the several judgments, including Manish Vijazy Mhashelkar vs.State of Maharashtra 2007 Mh.L.J. (Cri)-II, 972. In that case a well as several other cases on which reliance was placed it has been held that after verification, Magistrate cannot direct investigation under Sec. 156(3). However, in all the cases the order passed by the Magistrate under Sec. 156(3) was challenged before the conclusion of the investigation and filing of the charge-sheet. In the present case, investigation has been completed, charge sheet has been filed and the accused appeared and they kept silence for about one year after the copies of the charge sheet was served on them. The learned Counsel now informs that charge sheet has been filed. If at this stage, orders under Sec. 156(3) is quashed under the inherent powers under Sec. 482 Cr. P.C. no purpose will be served except causing delay. More than 2 years are already over after the complaint was initially filed. Also 2 years period is over after the charge sheet was filed. In such circumstances, I decline to entertain the application under Sec. 482 Cr. P.C. 4. Therefore, the Application stands rejected. (J.H.BHATIA,J.)