vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.413 OF 2009 CRIMINAL APPLICATION NO.413 OF 2009 CRIMINAL APPLICATION NO.413 OF 2009 Lalit Babubhai Sanghavi & Anr. ... Applicants V/s. Prithviraj Jaychand Oswal & anr. ... Respondents Mr.A.B. Borkar for Applicant Mr.Prithviraj Jaiswal, original complaiant-present Ms.S.D. Shinde, APP, for Respondent-State CORAM: A.R. JOSHI, J. A.R. JOSHI, J. A.R. JOSHI, J. DATED: APRIL 1, 2009 APRIL 1, 2009 APRIL 1, 2009 P.C.: P.C.: P.C.: . Heard rival submissions at length. It is a matter in which the petitioner, the original accused, had challenged the order of the JMFC, Kolhapur. By the said order, the JMFC directed the police to investigate the matter u/s 156(3) of Cr.P.C. and it was done at the instance of criminal complaint filed by the present Respondent No.1. Admittedly, the report of the police is awaited and is yet to be placed before the learned JMFC and who will then pass appropriate orders whether to continue with the proceedings against the present petitioners or to dismiss the same. 2. During the arguments, the learned advocate for the present petitioners submitted that earlier in the year 2003 similar such complaint was preferred before the same JMFC and directions were given u/s 156(3) of the Cr.P.C. and on receipt of police report the learned JMFC found no substance in the complaint and accordingly dismissed the same as against the petitioners. : 2 : According to him, the cause mentioned in the earlier complaint is the same as mentioned in the present complaint. Inspite of this, it is a factual position that complainant in both the complaints are different persons and in the instant case yet the police have to investigate and file their report and then the Magistrate is yet to pass orders. 3. In view of the above and considering the authority of this Court u/s 482 of the Cr.P.C. and still considering the ratios propounded by the authorities, namely, Maksud Saiyed v/s. State of Gujarat & Ors., (2008) 5 SCC 668 (2008) 5 SCC 668 (2008) 5 SCC 668 and K.L.E. Society & Ors. v/s. Siddalingesh (2008) 4 SCC 541 (2008) 4 SCC 541 (2008) 4 SCC 541 cited on behalf of the petitioners during the course of arguments, in the opinion of this Court, recourse to section 482 cannot be taken and there is nothing to intervene in the proceedings. Needless to mention that on police report, the learned JMFC will take appropriate action taking into consideration all the aspects of the matter. 4. Hence, the present criminal application is dismissed and disposed of accordingly. : 3 : (A.R. JOSHI, J.)