{1} Cri. Revision No.165/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.165 OF 2011 Ramesh Babulal Chaudhari APPLICANT Age-52 years, Occ-Business R/o Bagvan Lane Nandurbar VERSUS 1. The State of Maharashtra RESPONDENTS Through the Secretary, Home Department, Mantralaya, Mumbai and the Police Station Officer Nandurbar City Police Station 2, The Superintendent of Police, Nandurbar 3. Vijay Vasant Chaudhari, Age-40 years, Occ-Business R/o Arvindnagar, Nandurbar ....... Mr. R.R.Mantri, Advocate for the applicant Mrs.Yogita M.Kshirsagar, APP for respondents State Mr. D.S.Bagul, Advocate for respondent No.3 ....... [CORAM : A.V.POTDAR, J.] DATE: 26 th August 2011 ORAL JUDGNENT : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, heard finally at the stage of {2} Cri. Revision No.165/2011 admission. 2. By the present revision application, the applicant has questioned the correctness of the order dated 30.06.2011 passed by learned Additional Sessions Judge, Nandurbar in Criminal Revision Application No.28/2010. By the impugned order, learned Additional Sessions Judge has quashed the order dated 02.08.2010 passed by JMFC, in RCC No.271/2009 by which complaint of present respondent No.3 was rejected for want of locus standi. 3. It is the main grievance of the applicant that the applicant was not party to the Criminal Revision Application No. 28/2010 and hence the order dated 30.06.2011, impugned in the present application, is not binding on him, being not party to the said proceedings. 4. Mr.Bagul, learned counsel appearing for respondent No.3, very fairly conceded that the applicant was in fact not a party to the Criminal Revision Application No.28/2010 and consequently the impugned order is not binding on the applicant. Learned counsel for respondent No.3 very fairly conceded that the impugned order passed against respondent No.3 needs to be quashed and set aside in its entirety and totality and the matter needs to be remanded back for rehearing before Additional Sessions Judge, Nandurbar by adding present applicant as respondent No.3. Learned counsel for respondent No.3 urged that {3} Cri. Revision No.165/2011 a time bound schedule be given to the Additional Sessions Judge, Nandurbar for disposing of the revision in accordance with law. 5. Resultantly, the impugned order dated 30.06.2011 passed by Additional Sessions Judge, Nandurbar in Criminal Revision Application No.28/2010, is hereby quashed and set aside. Consequently, the further proceedings before the JMFC, initiated pursuant to the impugned order so also the FIR registered pursuant to the impugned order are hereby quashed and set aside. The Criminal Revision Application No.28/2010 is remitted back to the court of Additional Sessions Judge, Nandurbar for hearing and disposing of the same in accordance with law, after the applicant is impleaded as respondent in the same, if respondent No.3 desires so. 6. Respondent No.3 is directed to appear before the Additional Sessions Judge, Nandurbar on 07.09.2011 and amend the criminal revision application No.28/2010, if so advised, by adding present applicant as respondent No.2. The applicant, if added as respondent in Criminal Revision Application No.28/2010, to appear before the learned Additional Sessions Judge, Nandurbar on 19.09.2011. Additional Sessions Judge, to dispose of the criminal revision application within a period of 3 months thereafter, in accordance with law and on its own merits. Both the learned counsel for the parties undertake that their respective clients would cooperate in disposing of the criminal revision {4} Cri. Revision No.165/2011 application within the time stipulated. Criminal revision application allowed accordingly. Rule is made absolute as indicated above. It is, however, clarified that the Additional Sessions Judge need not be influenced with the observations made in this order and decide the criminal revision in accordance with law on its own merits. [A.V.POTDAR, J.] drp/B11/crirevn165-11