1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.287 OF 2009 Mayur Batra & Anr. .. Petitioners Versus The State of Maharashtra & Anr. .. Respondents WITH CRIMINAL WRIT PETITION NO.286 OF 2009 Ashutosh Rai & Anr. .. Petitioners Versus The State of Maharashtra & Anr. .. Respondents Mr.Ashok Mundargi, Sr.Counsel with Amey Nabar i/by Hariani & Co for the petitioners. Ms.S.V.Gajare, A.P.P for the State. Mr.A.H.H.Ponda for respondent no.2. CORAM : A.S.OKA, J. DATE : 19th June 2009. P.C.: . Heard learned senior counsel appearing for the petitioners and the learned counsel appearing for the 2nd respondent. Reliance has been placed by the learned counsel appearing for the petitioners on the decision of this Court in the case of Suhas Balkrishna Desai & Ors. Vs. 2 Chandrakant Ramchandra Parab & Ors (2000 ALL MR (Cri) 1537). The learned counsel appearing for the original complainant submitted that the view taken by this Court in the said decision may not be a good law in view of the subsequent decisions of the Apex Court. He submitted that some of the earlier decisions have not been considered by this Court. The learned counsel appearing for the 2nd respondent without prejudice to the aforesaid contentions states that instead of keeping these petitions pending in this Court, the impugned orders and especially the impugned order passed by the learned Magistrate on 17th May 2008 be quashed and set aside with a direction to the learned Magistrate to consider the complaint afresh in accordance with law. 2. The prayer made by the learned counsel appearing for the 2nd respondent is reasonable. 3. Hence, I pass the following order: : O R D E R : (a)The impugned orders passed by the learned 3 Magistrate as well as the learned Sessions Court are quashed and set aside. (b) The learned Magistrate will pass appropriate order on the complaint in accordance with law. (c) All contentions of the parties are expressly kept open. (A.S.OKA,J)