29. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2640/2010 S C KALRA ..... Petitioner Through: l^lr. Amit Sahni, Advocate versus STATE NCT OF DELHI & ORS. Respondents Through: l^r. I^.N. Dudeja, APP for the State CORAIVI: HON'BLE MS. JUSTICE HII^IA KOHLI ORDER % 18.-08.2010 The present petition is filed by the petitioner praying inter alia for setting aside the order dated 31.07.2010 passed by the Metropolitan Magistrate in Criminal Complaint No.832/1/2010 filed against the petitioner. By the impugned order dated 31.07.2010, the early hearing application of the petitioner was dismissed for non- prosecution. The grievance of the counsel for the petitioner is that the application could not have been dismissed for non-prosecution as the complainant was present in Court and his presence was marked in the order dated 31.07.2010. On enquiry, counsel for the petitioner states that the next date in the matter is 10.09.2010. CRL.M.C. 2640/2010 Page 1 of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Even if the submission of the counsel for the petitioner that the learned Metropolitan Magistrate ought not to have dismissed the application for early hearing for non-prosecution but ought to have disposed it of on merits is accepted, there is no justification for entertaining the fDresent petition in view of the fact that the case is now listed on 10.09.2010. The petition is dismissed. HIMA KOHLI,J AUGUST 18, 2010 rkb CRL.M.C. 2640/2010 Page 2 of 2