sat 1 cri.wp 2155-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2155 OF 2011 Abdul Hamid Haji Dawood Chouhan ...Petitioner vs. The Inspector of Police, JJ Marg Police Station, Mumbai & Ors....Respondents Mr.Javied B. Allana for the Petitioner. Mr.S.A. Shaikh, APP for the State. Mr.Ritesh Ratnam i/b. Mr.Ganesh Gole for Respondent No.2 CORAM : M.L. TAHALIYANI, J. NOVEMBER 25, 2011 P.C. :- 1 Heard learned Advocate Mr.Javied for the petitioner. 2 Perused the impugned order. It runs as under :- “ Perused complaint, documents produced on record. Heard Ld.Counsel appearing on behalf of the complainant. Considering the averments made in the complaint, detail investigation is required. Therefore, matter is send for investigation U/Sec.156(3) of Cr.P.C. The P.I. of concern police station is directed to register the FIR against the accused and investigate the matter. He is sat 2 cri.wp 2155-2011 further directed to seek the permission from this Court prior arrest of the accused. Issue letter to concerned police station.“ 3 The petitioner is aggrieved by the last portion of the order which is as under :- “ He is further directed to seek the permission from this Court prior arrest of the accused.” 4 It is submitted that the learned Magistrate has no authority to issue the said direction to the police. 5 However before the Court could proceed further to hear the petition, the learned Additional PP, on instructions from the Investigating Officer - API Kadange, has submitted that the police have investigated the complaint and they have come to the conclusion that no evidence was available. Therefore, 'C' summary report has been filed before the learned Magistrate. 6 It is needless to state here that the concerned Magistrate will hear the complainant before taking any decision on the ‘C’ summary report filed by the police. sat 3 cri.wp 2155-2011 The prayer in the present petition does not survive. 7 The petition is, therefore, disposed of as the prayer does not survive. Interim order, if any stands vacated. (M.L. TAHALIYANI, J)