1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2710 OF 2008 M/s.Lodha Co-op. Hsg.Soc.Ltd. and others Petitioners versus The State of Maharashtra and another Respondents M.P.Vashi i/by K.P.Ravi for petitioners. Mr.Rajendra Soranvar for respondent no.2. H.J.Dedhia, APP for State. CORAM : A.S.OKA, J. DATE : 18th June 2009 PC :- 1. Heard learned counsel appearing for the petitioners and learned counsel appearing for the second respondent. When this Court was inclined to issue Rule, the learned counsel for the second respondent fairly suggested that instead of keeping the matter pending in this Court, the order dated 18th March 2008 passed in Criminal Revision Application No.237 of 2008 be quashed and set aside and he may be permitted to implead the accused as a party respondents to the said revision application. He states that the said revision application be ordered to be heard expeditiously. 2 2. The complaint filed by the second respondent was dismissed by the learned Magistrate. The Criminal Revision Application No.237 of 2008 was preferred for challenging the order of dismissal. As per the settled law, the accused were entitled to be heard in the revision application. The said revision application was allowed and the complaint was remanded to the Trial Court. The learned Magistrate thereafter issued process which order is subject matter of challenge in this writ petition. 3. In view of the statement made by the counsel for the second respondent, I pass following order :- (a) The order dated 15th April 2008 and the consequential order dated 15th November 2008 (Exhibits-G and H respectively to the petition) are quashed and set aside; (b) The order passed in Criminal Revision Application No.237 of 2008 by the Sessions Court at Bombay is set aside and the Criminal Revision Application No.237 of 2008 filed by the second respondent is restored to the file of the Sessions Court. The second respondent is permitted to amend the said revision application and to implead the accused as a party respondents; 3 (c) The parties are directed to appear before the learned Principal Judge of the City Civil Court on 20th July 2009 at 11.00 a.m.. The learned Judge himself take-up the Criminal Revision Application No. 237 of 2008 for hearing or may assign the same to any other Court as per his administrative convenience; (d) The Criminal Revision Application No.237 of 2008 shall be disposed of as expeditiously as possible and in any event on or before 31st December 2009; (e) The Criminal Revision Application No.237 of 2008 shall be decided on its own merits without being influenced by the order of this Court of setting aside the impugned orders. All questions on merits are expressly kept open; (f) It is made clear that no further notice of Criminal Revision Application No.237 of 2008 will be served to the petitioners in this writ petition and the petitioners shall appear before the Sessions Court on the date fixed; (g) The writ petition is disposed of in the above terms. (A.S.OKA, J.)