((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.24 OF 2008 Dr.Kiran Rajaram Vanarase Applicant versus Swati Prakash Patil & anr. Respondents A.P.Mundargi, Sr.Advocate i/by Swapna Kode for applicant. H.J.Dedhia, APP for the State. CORAM : A.S.OKA, J. DATE : 13th April 2009 PC : 1. Heard learned Senior Counsel appearing for the applicants in support of this revision application. The first respondent herein filed a private complaint alleging commission of offence under sections 336, 337 and 338 of the Indian Penal Code. The process was issued on the said private complaint. An application was made by the present applicant seeking recall of the said order. The learned Magistrate by order dated 19th March 1997 recalled the order of issue of process and discharged the applicants. A revision application was filed by the first respondent for challenging the said order. By the impugned order, the revision application has been allowed only on the ground that in view of the decision of the ((-2-)) Apex Court in the case of Adalat Prasad vs. Rooplal Jindal and others (2004{4}-Mah.L.J.-274), the learned Magistrate had no jurisdiction to recall the earlier order of issue of process. 2. The challenge in this revision application is confined only to the said order of Sessions Court. A perusal of the said order shows that the Sessions Court did not deal with the merits of the order of issue of process and has set aside the order of learned Magistrate only on the ground that the Magistrate had no jurisdiction to recall his own order. 3. The view taken by the learned Additional Sessions Judge is in conformity with the law of the land. Hence, no interference is called for. 4. It is, however, made clear that this order will not preclude the applicants from filing appropriate proceedings for challenging the order of issue of process and all contentions in that behalf are expressly kept open. Subject to what is observed above, the revision application is rejected. ((-3-)) (A.S.OKA, J.)