1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 875 OF 2010 Shri M.S. Thakkar & Ors. ...Applicants (Orig.Accused Nos.3, 4 5 and 6) vs. Mr.Kishor Dharamdas Kokal & Anr. ...Respondents Mr.Prakash Naik for the Applicants/Petitioners. Mr.M.H. Ramsinghani for Respondent No.1. Mrs.M.R. Tidake, APP for the State. CORAM : V.M. KANADE, J. DATED : APRIL 23, 2010 P.C. :- 1 Heard Counsel for the petitioners and Counsel for the respondent no.1. 2 The principal grievance of the petitioners is that though the petitioners are residing outside the jurisdiction of the learned Metropolitan Magistrate s court, the mandatory provisions on Section 202(1) have not been complied by the learned 2 Magistrate and without holding inquiry, process has been issued. 3 Counsel for respondent no.1 submits that he has no objection if the matter is remanded back to the learned Magistrate for the purpose of holding inquiry under Section 202. 4 The impugned order of issuance of process by the learned Magistrate, therefore, is quashed and set aside. The learned Magistrate may comply with the provisions of Section 202 and pass an appropriate order, in accordance with law. The learned Magistrate may do so, as expeditiously as possible. 5 Application is disposed of. 6 Certified copy expedited. (V.M. KANADE, J.)