SANJAY LEELA BHANSALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application seeks quashing of record and proceeding in Special Case No.1880/2006 pending before the learned 26th Metropolitan Magistrate, Borivali, Mumbai.

(2.) THIS application was admitted by Order dated 13th July, 2007. By Order dated 6th February, 2009 the Supreme Court had requested this Court to expedite hearing of the Petition. This is how the application has been taken up for expeditious hearing.

(3.) RESPONDENT No.6 then filed a Writ Petition bearing No.626 of 2006 challenging the Order of the Magistrate refusing enquiry under Section 156(3) of the Code of Criminal Procedure. This Court directed the Magistrate to proceed further after hearing the complainant and others, taking into account police report and pass appropriate orders according to law. Thereafter, on 6th June, 2006, the learned Magistrate directed investigation under Section 156(3) of the Code of Criminal Procedure, holding that he was supposed to consider police report which would come only after investigation under Section 156(3). Thereupon, an FIR bearing No.2 of 2006 was registered at Aarey Police Station. Police filed an interim report on 18th September, 2006 about the investigation carried on till then. On 19th September, 2006, Goregaon police issued summons to the applicant and others asking them to remain present for the purpose of filing charge sheet which was eventually filed on 6th November, 2006. In this context, the applicant has filed the present application for quashing those proceedings.