After having heard learned counsel for the parties and perusal of the material on record, it is apparent that the application under Section 156(3) Cr.P.C. was treated as a complaint vide order dated 17.4.2019 and was directed to be listed for recording evidence under Section 200 Cr.P.C., but as per the order sheet annexed to this application, it is apparent that the same is continuing till date at the same stage and there is no progress in the same. Looking to the facts and circumstances of the case, the court concerned is directed to expedite the hearing of the matter without granting any undue adjournment to either of the parties and by fixing short dates.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1302 OF 2021
Manojkumar B. Dhoot .. Petitioner
Versus
The State of Maharashtra .. Respondents
...
Ms.Pooja Joshi i/b Mr.A.M.Saraogi for the Petitioner.
Smt.A.S.Pai, APP for the Respondent/State.
CORAM: S.S.SHINDE &
MANISH PITALE, JJ.https://indiankanoon.org/doc/114090624/DATED : 12th MARCH, 2021 P.C:-
1. Learned counsel appearing for the petitioner, on instructions, seeks permission to withdraw the petition with liberty to file an application/complaint before the Magistrate by taking recourse to Section 156(3) of the Criminal Procedure Code.
2. Leave granted. The petition stands dismissed as withdrawn, with liberty as prayed for. In case, such application/complaint is filed before the Magistrate, the Magistrate shall expedite the hearing of the same.
(MANISH