1 WP 2242/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2242 OF 2010 Nanotech [P] Ltd & Others .....Petitioners. V/s State of Maharashtra & Another ..... Respondents. Mr. Sunil D’Souza with Mr. P.J. Kanani for the Petitioners. Mr. V.V. Jain for Respondent No.2. Mrs. V.R. Bhosale, APP for the State. CORAM: V. M. KANADE, J. DATE : 13th October, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioners and the learned Counsel for Respondent No.2. 2. Petitioners are challenging the order of issuance of process on two grounds. Firstly, it is submitted that mandatory provisions of section 202 of the Criminal Procedure Code have not been followed since the Petitioner Nos. 2 and 3 are residing out side the jurisdiction of the Court. Secondly, it is submitted that the verification statement is not recorded in accordance with the guidelines laid down in Amarnath Baijnath Gupta & Anr. vs. Mohini 2 WP 2242/10 Organics Pvt. Ltd. & anr1. 3. In the present case, process was issued on 18/1/2007 and the matter is pending since last more than three years. Petition is filed in 2010. Normally, Petitioner is expected to take objection to any irregularity committed by the Trial Court at the earliest available opportunity. Here, the Petition is filed after three years. In any event, this Court has in Bansilal Kabra vs. Global Trade Finance Ltd2 has held that the said provision of section 202 is directory ad not mandatory. Secondly, so far as verification is concerned, if it is improperly recorded, it cannot be said to be a material irregularity and, therefore no prejudice is caused to the accused. 4. It is, therefore, not possible to interfere with the order of issuance of process under section 482 of the Cr.P.C and under Article 227 of the Constitution of India. Both the questions are kept open. Trial Court should consider these questions at the hearing of the case. Writ Petition is accordingly dismissed. Interim order, if any, stands vacated. (V.M. KANADE, J.) 1 2009 ALL MR (Cri) 184 2 Order dated 9/7/2010 in Criminal Application No.1344/10 3 WP 2242/10