- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.1660 OF 2007 Samta Coop Hsg Society Union Ltd& ors ... Petitioners vs State of Maharashtra & ors ... Respondents Mr.Niranjan Mundargi with Mr.Raji Radhakrishna i/b M/s A.R.Associates for Petitioners Mr.G.N.Salunkhe for Respondent nos.2 & 3 Mr.H.J.Dedhia APP for State CORAM: A.S.OKA, J DATED: 30th June, 2009 P.C. 1. Heard learned counsel appearing for the petitioners, learned APP for the State and learned counsel appearing for the 2nd and 3rd respondents. 2. The 2nd and 3rd respondents are the original complainants who filed a complaint before the learned Magistrate. In the complaint an order under section 156(3) of the Code of Criminal Procedure 1973 was passed by the learned Magistrate. The prayer in this Writ Petition is for quashing the complaint and for quashing the order passed under section 156 (3) of the said Code. 3. When this writ petition appeared on board on 23rd September 2008, it was brought to the notice of this - 2 - court that after completing the investigation, the concerned Investigating officer has submitted a report to the learned Magistrate claiming C summary. By an order passed on the same day, this Court noted that in Revision Application filed by the 2nd and 3rd respondents proceedings of the complaint have been stayed and therefore, the learned Magistrate was unable to pass orders on the report claiming C summary. 4. Considering the fact that the report has been submitted by the Investigating Officer now this petition need not be kept pending as after completing the investigation a report has been submitted. Criminal Revision Application No.75 of 2008 filed by the 2nd and 3rd respondent is pending before the Sessions Court and in view of the stay granted by the Sessions Court, the learned Magistrate is not in a position to consider the report submitted by the Investigating Officer. 5. Hence, this Writ Petition is disposed of by passing the following order : (i) The concerned Sessions Court will decide the Criminal Revision Application No.75 of 2008 as expeditiously as possible and in any event within a period of three months from the date of production of an authenticated copy of this order before the said Court. (ii) After disposal of the Revision Application the learned Magistrate will proceed to pass orders on the report claiming  C summary in accordance - 3 - with law after hearing all the concerned parties. Order shall be passed as expeditiously as possible. (iii) All contentions on merits are expressly kept open. (iv) It is obvious that both the parties will be at liberty to file appropriate proceedings in accordance with law after the order is passed by the learned Magistrate. A.S.Oka,J - 4 - - 5 -