1 57 wp.1914.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1914 OF 2010 Yogendrakumar R. Jaiswal. ... Petitioner Versus 1. The State of Maharashtra. 2. Ashok S. Gangwani. ... Respondents ----- Mr. Niranjan Mundargi for the Petitioner. Mr. A.R.Patil, APP for Respondent No.1 / State. ----- CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. 1 Heard the learned counsel appearing for the Petitioner. 2 The challenge in this writ petition is to the order dated 21 st May, 2010 passed by the learned Judicial Magistrate, which has been confirmed in revision. By the said order, the learned Magistrate directed that senior Inspector of Manikpur Police Station, Vasai should investigate into the case in accordance with Sub-Section (8) of Section 173 of the Code of Criminal Procedure, 1973. The challenge to the order is on the basis of the decision of the Apex Court in the case of Reeta Nag Vs. State of West Bengal & Ors. [2010 ALL MR (Cri) 2 57 wp.1914.10 1337 (Supreme Court)]. 3 The learned counsel appearing for the Petitioner pointed out that during the pendency of the petition, the aforesaid officer has submitted a report on investigation in which it is stated that no case of commission of any offence has been made out. In view of the said report, this petition need not be entertained now. However, the issue regarding legality and validity of the impugned order dated 21 st May, 2010 passed by the learned Judicial Magistrate will have to be kept open, which can be agitated by the Petitioner at appropriate stage. 4 Subject to what is observed above, the writ petition is disposed by keeping all contentions open. The learned Judicial Magistrate shall proceed to pass orders in accordance with law on the report submitted by the Investigating Officer. [ A.S.OKA, J ]