1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.2658 OF 2009 Shashikant Sitaram & Anr. ...Petitioners. v. The State of Maharashtra & Anr. ...Respondents. Mr.S.V.Marwadi i/by Rishi Bhuta, advs. For the Petitioners. Ms.A.T.Javeri, APP For the Respondent No.1. Shri P.B.Naiknaware, adv. for the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : JULY 13, 2010 P.C. 1 Heard the learned counsel for the Parties. Respondent No.2 is sister of the petitioner no.2. Petitioner no.2 obtained probate in the year 1993 on the basis of a will allegedly executed by their mother. In 2007, Respondent No.2 filed Miscellaneous petition no.12/07 before this Court seeking revocation of the probate granted on 11th March, 1993. Simultaneously respondent no.2 also filed a complaint against the petitioners under Section 193, 465, 466, 467, 468, 471, 420 r/w Section 34 of the I.P.C. The learned Additional Chief Metropolitan Magistrate by an order dated 18.8.2009 directed to issue process against both the petitioners for all the offences. Meanwhile, on 24th October, 2008 , Miscellaneous petition No.12/07 was dismissed by the High Court. The 2 learned counsel for the respondent no.2 makes a statement that against that order, appeal no.38/2010 has been filed before the Division Bench and that appeal is pending. 2 After some discussion at the bar, the learned counsel for the respondent no.2/complainant concedes that private complaint under Section 193 of the Cr.P.C. could not have been filed in view of the specific provisions of Section 195 of the Cr.P.C. and that process issued under Section 193 of the Cr.P.C. needs to be struck down. After some discussion at the bar, the learned counsel for both the parties agree that the petition may be disposed off with directions as follows: i Process issued under Section 193 of the Cr.P.C. shall stand quashed. Complaint being C.C.No.358/SW/2009 for the remaining sections shall remain pending before the trial Court, i.e., the Additional Chief Metropolitan Magistrate, 24th Court, Borivali. 3 Proceedings in the said criminal case shall remain stayed till final decision in the appeal no.38/2010 or any further proceeding therein. 4 In case, the respondent no.2 succeeds in getting the probate revoked, criminal case shall proceed against the accused persons as per the law. However, in case the respondent no.2 fails in getting the probate revoked, he shall withdraw the complaint. 3 5 Writ Petition stands disposed off as per the above directions. (J.H. BHATIA,J.)