1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.2598 OF 2009 Dr.Shankar Nath Acharya & Ors. : Petitioners (Orig.Accused Nos.1 to 3) V/s. State of Maharashtra & Anr. : Respondents ... WITH CRIMINAL WRIT PETITION NO.2599 OF 2009 Mr.Venkattu Srinivasan & Anr. : Petitioners (Orig.Accused nos.5&6) V/s. State of Maharashtra & Anr. : Respondents ... AND CRIMINAL WRIT PETITION NO.2622 OF 2009 C. Jayaram : Petitioner (Orig.Accused no.4) V/s. State of Maharashtra & Anr. : Respondents .... Mr.Shirish Gupte with Mr.Ashok Mundargi, Senior Advocates, with Mr.Sunil Manohar, Mr.Akshay Patil, Mr.Faisal Sayeed, Mr.Mayur Bhojwani and Mr.Vikrant Singh i/b. M/s.Manilal Kher Ambalal & Co., for the petitioners. Mr.H.J.Dhedia, Addl. Public Prosecutor for the State. Mr.Niteen Pradhan with Mr.A.H.H.Ponda i/b. Ms Smita Vora for respondent no.2. ... 2 CORAM : B.R. GAVAI, J. DATE : APRIL 26, 2010. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. By way of the present petitions, the petitioners challenge the order dated 11.8.2009 passed by the learned Chief Judicial Magistrate, Solapur, thereby issuing process in the complaint filed by the respondent no.2. It is the contention of the petitioners that the petitioners are residing beyond the territorial jurisdiction of the learned Magistrate at Solapur and, as such, he could not have issued process without following mandatory requirements of the ameded provisions of section 202 of the Cr.P.C. The learned single Judge of this Court in Amarnath Baijnath Gupta v. Mohini Organics Pvt. Ltd., reported in (2009) All M.R. (Cri.) 184, has taken the view that in view of the amended provisions of section 202 of the Cr.P.C., when the accused are residing beyond the territorial jurisdiction of the Magistrate before whom the complaint is filed, the learned Magistrate before issuing the process is required to hold an inquiry as deemed fit by him and until such period, the issuance of process is to be postponed. 3 3. Admittedly, in the present case, the process has been issued without following the requirements of section 202 of the Cr.P.C. 4. In that view of the matter, the rule is made absolute in terms of prayer clause (b). The matters are remitted back to the learned Magistrate, Solapur, for taking further steps, in accordance with the provisions of section 202 of the Cr.P.C. 5. Needless to state that this Court has not considered the merits of the matters and the petitions are allowed only in view of non-compliance with the statutory requirements of section 202 of the Cr.P.C. B. R. GAVAI, J.