1 (crim WP 2330 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2330 OF 2010 Maheshchandra H. Dalal ...Petitioner Vs. The State of Maharashtra ...Respondent ----- Mr.S.R.Ganbavale for Petitioner Mr.P.S. Hingorani-APP for the State ----- CORAM: V.M. KANADE J. DATED: 25TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf on the Petitioner and the learned APP for the State. 2. By this petition, which is filed under Article 227 of the Constitution of India and under section 482 of the Cr.P.C., the Petitioner is seeking a direction for quashing the proceedings, which are pending on the file of the 4 th Additional Chief Metropolitan Magistrate’s Court, Girgaon, Mumbai and for a further direction that he should be discharged from the offences punishable under sections 406,408,409, 465, 2 (crim WP 2330 of 2010) 467, 468, 471, 420 r/w. 120B of the Indian Penal Code. 3. It appears that the police had registered MECR No. 05 of 2005. 4. The learned Counsel appearing on behalf of the Petitioner submits that civil proceedings were initiated by the Respondent No.2 which have been mentioned in the final award passed by the Arbitrator. It is submitted that after about 13 years, after the civil suit was filed by the Respondent No.2, he filed the present complaint in 2005. It is submitted that the police have also tendered the report dated 12.12.2005 before the Learned Magistrate stating therein that no case is made out against the Petitioner. The learned Counsel, however, submitted that the Learned Magistrate has not given any information to the Petitioner about the further outcome of the case. 3 (crim WP 2330 of 2010) 5. In my view, the present petition has been filed by the Petitioner at a pre-mature stage since admittedly, no further order has been passed by the Learned Magistrate after the report was submitted by the police on 12.12.2005 and no summons has been served on the Petitioner so far. 6. That being the position, at this stage, since no process has been issued by the Learned Magistrate, technically no proceedings are pending in the Court and as such, the question of quashing the complaint at this stage, does not arise. The petition, therefore, is dismissed on the ground that the petition is filed by the Petitioner at a pre-mature stage. Liberty, however, granted to the Petitioner to challenge any adverse order if passed by the learned Magistrate. 7. Writ petition is disposed of. (V.M. KANADE J.)