1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1250 OF 2010 WITH CRIMINAL APPLICATION NO. 1251 OF 2010 WITH CRIMINAL APPLICATION NO. 1252 OF 2010 Azam Khan ...Applicant Vs. The State of Maharashtra and Anr. ...Respondents ------ Mr.S.V. Marwadi i/b. Mr.Sushant P. Narkar for Applicant Mrs.R.V. Newton – APP for State Mr. Subhod Desai i/b. M/s. Thakore Jariwala and Associates for Respondent No.2 ------ CORAM: V.M. KANADE J. DATED: 8TH JUNE, 2010 P.C. 1. The Applicant is challenging the order of issuance of process passed by the Learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai in Criminal Complaint No. 9571/SS/09 and also for setting aside the verification which was accepted by the Learned Magistrate. 2 2. The learned Counsel for the Respondent No.2 on instructions from his client, who was present in the Court, has submitted that the Respondent No.2 has no objection if the matter is remanded back and the learned Metropolitan Magistrate is directed to record the verification and pass an order on the basis of the verification and the complaint filed on merits and in accordance with law. 3. In the result, writ petition is allowed. The verification statement of the complainant recorded by the Learned Magistrate dated 25.8.2009 is set aside. Order of issuance of process qua the present accused is set aside. The learned Magistrate is directed to again record verification of the Complainant and, thereafter, pass an appropriate orders on merits and in accordance with law. The verification may be recorded in terms of the directions given by this Court in the case of Amarnath Baijnath Gupta & Anr. Vs. M/s. Mohini Organics Pvt. Ltd. and Anr. reported in 2009 All MR (Cri) 184. The said process will be 3 completed by the Magistrate within six weeks. Parties to act on the authenticated copy. Matter is, accordingly, remanded back to the Learned Magistrate. The Complainant may produce the authenticated copy of this order to the Learned Magistrate. (V.M. KANADE J.)