DHARMIL ANIL BODANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Rule. Rule is made returnable forthwith with the consent of the parties. Respondents waive notice through their respective Counsel.

(3.) By this petition, preferred under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, the petitioner (original complainant) has impugned the order dated 7th March, 2009 passed by the learned Additional Chief Metropolitan Magistrate, 19 th Court at Esplanade, Mumbai, by which, the learned Magistrate was pleased to accept the 'C' Summary report filed by the Investigating Officer ('I.O.') under Section 173(2)(i) Code of Criminal Procedure ('Cr.P.C'), in CC No. 07/Summary/06, (arising out of an FIR dated 21 st May, 2001, registered vide C.R No. 50 of 2001 with the EOW, CB CID, Mumbai), and as such, has sought quashing and setting aside of the same.