110wp524.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 524 of 2009 (Dr. Jayant Anandrao Deshmukh .vs. State and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and P.B.Varale, JJ. Date : 01/10/2009. Heard Mr. N. R. Patil, Adv. for petitioner and Mr.N.W.Sambre, Public Prosecutor for respondents. This petition is directed against the order dt. 18.9.2009 passed by the District Magistrate, Akola whereby the petitioner is directed to deposit the licensed weapon within seven days failing which the petitioner would be liable for action u/s.188 of the Indian Penal Code. Counsel for the petitioner has submitted that the order passed by the District Magistrate, Akola is without jurisdiction and wholly unsustainable in law and the same is not according to the decision/judgment of this Court dt. 10.7.2009 delivered in Criminal Writ Petition No.835 of 2009. Counsel for the petitioner has submitted that there are other grounds raised in the petition to demonstrate that the impugned order is bad in law. Mr. N.W.Sambre, Public Prosecutor, at the outset, has 110wp524.09.odt 2 . submitted that, before the issue is considered on merits, it will be appropriate for the petitioner to submit an application to the Collector for withdrawal of the impugned order passed by the District Magistrate so far as the petitioner is concerned. It is submitted that, if such application is made, the District Magistrate shall decide the same forthwith. Counsel for petitioner states that the petitioner shall submit the application in the Office of the District Magistrate by 11.30 A.M. on 3.10.2009. In the backdrop of the above referred facts, we dispose of present petition and observe that if the application is submitted by the petitioner by 11.30 A.M. on 3.10.2009, the District Magistrate shall decide the same on that day itself and shall not take any action u/s. 188 of the Indian Penal Code till then. With these observations and directions, the Criminal Writ Petition is disposed of. Copy of this order duly authenticated be supplied to the Counsel for petitioner. JUDGE JUDGE jais