IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.2461 OF 2006. WRIT PETITION NO.2461 OF 2006. WRIT PETITION NO.2461 OF 2006. Fortis Securities Ltd. & Anr. ..Petitioners. versus The State of Maharashtra & Anr. ..Respondents. .... Mr.Manish Bohra, i/b. A.S.Khan & Associates, for the Petitioners. Mr. N.K.Thakur, with Shri Prakash Naik, for the Respondent No.2. Mr.D.P.Adsule, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 22ND AUGUST,2008. : 22ND AUGUST,2008. : 22ND AUGUST,2008. P.C. 1. Heard the learned Counsel appearing for the Petitioners. The second Respondent filed a private complaint alleging commission of offence under sections 409, 120B read with section 34 of the Indian Penal Code. An order was passed under section 156(3) of the Code of Criminal Procedure, 1973 by the learned Magistrate. The challenge in this Petition is for quashing the offence registered on the basis of the order passed under section 156(3) of the said Code. The learned Counsel appearing for the second Respondent has produced for my perusal a copy of final report submitted by Investigating Officer recording that no case for proceeding against the - 2 - accused persons has been made out. He stated that the report is under consideration of the learned Magistrate. The learned Advocate for the Petitioners states that he is not aware of the said development. 2. In view of the said subsequent event of the final report being filed on 15th June 2007, it is not necessary to entertain this Petition and the same is disposed of by keeping all contentions of the parties open. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]