1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 264 OF 2010 Dilip Harakchand Jain, Aged 45 years, Occupation Business, Resident of New Plot, Dhule Road, Amalner, District Jalgaon Petitioners V E R S U S 1. The State of Maharashtra, through theSecretary, Home Department, Mantralaya, Mumbai – 32. 2. The Superintendent of Police, Jalgaon. 3. The Police Station Officer, Amalner Police Station, Amalner, District Jalgaon. Respondent Mr. R.R. Mantri, Advocate for the petitioner Mr. V.D. Rakh, APP for the respondents / State CORAM : A.V. NIRGUDE, J. DATED : 28th April, 2010 PER COURT : 1. The petitioner is the complainant in the lower Court. He filed a complaint against the Public Trust and the trustees alleging that they syphoned of the huge amount of the Trust and thereby misappropriated them. After filing of the complaint, the petitioner / complainant requested the learned Magistrate to send the case for investigation under Section 156 (3) of Cr.P.C. The learned 2 Magistrate, however, without assigning any reason, adjourned the case for recording of verification statement of the petitioner / complainant. The moment he adjourned the case for recording verification statement, the petitioner / complainant realized that his application seeking investigation under Section 156 (3) of Cr.P.C. had been rejected. I think, the petitioner’s grievance that the learned Magistrate did not apply his mind and without assigning any reason, refused him relief, has substance. I am inclined to set aside the impugned order. Considering the gravity of the complaint, and, in appropriate cases, a Magistrate, in such situation, should give reasons, as to why he would refuse to send the matter for investigation. The matter is remanded back to the learned Magistrate, who shall decide the petitioner’s / complainant’s application seeking investigation under Section 156 (3) of Cr.P.C. afresh and decide the same giving reasons. 2. In above terms, Writ Petition stands disposed of. (A.V. NIRGUDE, J.) srm/criwp/264/10