[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN. NO.3470 OF 2008 Mr.Philip Lawrence Furtado ..Applicant Vs. State of Maharashtra & Anr. ...Respondents ... Mr. Shailesh Kumar Advocate for Applicant Mr. V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 21, 2008 DATE : OCTOBER 21, 2008 DATE : OCTOBER 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking quashing of process issued by the learned Metropolitan Magistrate, 53rd Court at Mulund, Mumbai in C.C.No.60/SS/2008. In the said case process is issued under Section 504, 506(II) r.w. Section 34 of IPC. 3. For the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court I am of the opinion that the [-2-] applicant has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the applicant prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the applicant to prefer the necessary revision before the concerned Sessions Court. The learned advocate for the applicant makes a statement that the necessary revision will be preferred within five weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of five weeks. 5. On the necessary revision being preferred by the applicant within a period of five weeks from today before the concerned Sessions Court, the concerned Sessions Court shall condone the delay and dispose of the matter on merits after hearing the necessary parties. 6. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]