1 7.wp.222-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.222 OF 2011 Mr.Sham Digambar Bendre. ..Petitioner. Vs. State of Maharashtra. ..Respondent. .......... Mr.Chaitanya Pendse, Advocate for the Petitioner. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 3rd FEBRUARY, 2011. P.C. 1. Heard Counsel for the Petitioner and learned A.P.P. for the State. 2. By this Petition it is prayed that FIR bearing C.R. No.23 of 2002 registered against the Petitioner for offence punishable under Sections 341, 408, 447 read with Section 34 of Indian Penal Code as well as C.C. No.32/C/2008 pending on the file of the Additional Chief Metropolitan Magistrate, 5th Court at Dadar, be quashed. 3. In the first place, the FIR pertains to year 2002. Besides, the Investigating Officer after investigation has filed C-Summary report before the concerned Court. However, no final order has been passed on PPD 2 7.wp.222-11 the C-Summary report so far by the concerned Court. We are informed that the C-Summary report cannot proceed as the complainant is unavailable and has not been served by the prosecution. 4. We have no hesitation to observe that the concerned Court will proceed with the hearing of C-Summary by directing the Investigating Officer to take all measures to serve the complainant expeditiously. The Court cannot keep waiting indefinitely. The final decision on the C-Summary report be taken by the concerned Court as expeditiously as possible, and in any case not later than 31st March, 2011. 5. Petition is disposed of on the above terms. 6. Copy of this order be forwarded forthwith to the concerned Court, where the C-Summary proceedings are pending. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)