1 crwp722 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.722 OF 2010 Gulshan Mohammed Mansoor Shaikh ...Petitioner vs. Ramkumar Dayashankar Sharma & Ors. ...Respondents Mr.P.R.Arjunwadkar for the Petitioner Ms Anjali Uthale i/b Mr.S.S.Kulkarni for the respondent no.1 Mr.A.R.Patil, A.P.P for respondent no.2 CORAM : A.S.OKA,J. DATE : OCTOBER 19, 2011 P.C.: 1 Heard learned counsel for the petitioner and the learned counsel for the respondent no.1. Perused the clause (4) of the order dated 21st April 2010 passed by this Court. The learned counsel for the petitioner and the first respondent agree that by setting aside the impugned Judgment and order, the Sessions Court be directed to hear and decide the revision application afresh. The learned counsel agree that the issue whether the first respondent is entitled to produce the documents in the revision application which were not before the Trial Court will have to be kept open and will have to be decided by the Sessions Court. 2 Hence, I pass the following order: i) Impugned Judgment and order dated 6th January 2010 is quashed and set aside. 2 crwp722 ii)The Criminal Revision Application no.28 of 2009 is restored to the file of the Sessions Court. iii)The issue whether the first respondent is entitled to produce and rely upon the certain documents which were not on record of the Trial Court is expressly kept open. iv)The Sessions Court will have to hear both the parties on this aspect as well as the merits of the Revision Application. v) All contentions of the parties on merits of the Revision Application are kept open. vi)Petition is partly allowed on above terms with no order as to costs. vii)Hearing of the Revision Application is expedited. JUDGE