VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1821 OF 2008 Van De Lanotte Gaetan Petitioner Vs. State of Maharashtra Respondent Mr. Samir A. Vaidya, for the Petitioner. Mrs. P. H. Kantharia, for the Respondent. CORAM : BILAL NAZKI, & A. A. KUMBHAKONI, J. DATE : SEPTEMBER 17, 2008. PC :- 1. By this petition, petitioner seeks quashing of proceedings initiated on behalf of the respondents vide CR No. 15 of 2008 registered with D. N. Nagar Police Station Andheri Police Station. We are told at the bar that in this case the charge-sheet has already been filed. The petitioner has a chance to plead before the Court below at the time of framing the charge that no case for framing the charge has been made out against the petitioner, instead of arguing before this Court. The trial Court will be in a better position to appreciate the arguments, as the charge-sheet is now before the Magistrate. - 2 - 2. Under these circumstances, we do not feel it appropriate to entertain this petition at this stage, which is accordingly disposed of with a direction to the concerned Magistrate to hear the petitioner and the public prosecutor on 6th October, 2008 on framing of charge and pass appropriate order as expeditously as possible, after hearing the matter on 6th October, 2008. Sd/- [ BILAL NAZKI, J.] Sd/- [ A. A. KUMBHAKONI, J.]