Shadab Jamalludin Khan v. State Of Maharashtra (Through Metropolitan Magistrates 66th Court Andheri Mumbai)

JOHNSON GONSALVES Date: 2023.12.15 12:52:27 +0530 SMITA JOHNSON GONSALVES sg 37.wp3582-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3582 OF 2023 Shadab Jamalludin Khan .. Petitioner vs.

State of Maharashtra (Through Metropolitan Magistrate, 66th Court, Andheri, Mumbai) .. Respondent Mr. Shravan K. Giri, for the Petitioner.

Mr. V.B. Konde-Deshmukh, APP, for Respondent State. CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 11th DECEMBER, 2023.

P. C.:- 1) According to us, present Petition is pre-mature, as the learned Magistrate is yet to pass Order on the Application filed by the Petitioner under Section 156(3) of Cr.P.C. The Order impugned herein, referring the matter for Mediation, is an innocuous Order and does not create right in favour of either of the parties to the complaint. 2) We believe that the learned Magistrate will pass the appropriate Orders on the complaint filed by the Petitioner. We expect from the learned Magistrate, 66th Court, Mumbai, seized of Case No.SW/87 of 2022, to pass appropriate further Orders in the said Application within a period of three months from the date of receipt of present Order. 3) Petition is disposed off, in the aforesaid terms. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 1/1