1 ndm 24 appp.31.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 31 OF 2010 IN CRIMINAL APPLICATION NO. 1705 OF 2009 WITH CRIMINAL APPLICATION NO. 1705 OF 2009 Impact Logistics (P) Ltd and ors. ... APPLICANTS Vs. The State of Maharashtra and anr. ... RESPONDENTS ­­­­­­­­ Mr. Harshad Bhadbhade for Applicants. Mr. D.R. More, APP for State. ­­­­­­­­ CORAM : B.R. GAVAI, J. DATE : 23 rd March, 2010. P.C. 1 Criminal Application No. 1705 of 2009 is not on board. After mentioning taken on board. 2 The Criminal Application No. 31 of 2010 is for restoration of Criminal Application No. 1705 of 2009, which came to be dismissed for not effecting the service of the Respondents. 2 3 For the reasons recorded, since the Respondent is represented by the counsel, the application is allowed. Criminal Application No. 1705 of 2009 is restored to file. 4 By way of Criminal Application No. 1705 of 2009, the Applicants challenge the order dated 25 th April, 2008 passed in C.C. No. 371/SS/2008 pending before the learned Metropolitan Magistrate 27 th Court, at Mulund, Mumbai. 5 It is the contention of the Applicants that the verification, which has been done by the learned Magistrate has not been done in accordance with law laid down by this Court in the case of Amarnath Baijnath Gupta & Anr. Vs. M/s. Mohini Organics Pvt. Ltd. & Anr., reported in 2009 All MR (Cri.) 184. It is further submitted that even the learned Magistrate has not issued process, but only issued summons and as such the entire proceedings are vitiated by non application of mind. 6 The learned Single Judge of this Court in the case of Amarnath Baijnath Gupta & Anr. Vs. M/s. Mohini Organics Pvt. Ltd. & Anr., reported in 2009 All MR (Cri.) 184 has held that recording of verification is not an empty formality. It has been held that the learned Magistrate is required to apply his mind while recording the statement of 3 the Complainant prior to issuance of process. In the present case, though it is disputed that, whether the process is issued or not, the verification at Exhibit “B” would reveal that the same has been done in a mechanical manner by filling up the blanks in a pre­prepared format. 7 In that view of the matter, the impugned order is not sustainable in law. Rule is therefore, made absolute in terms of prayer clause ( b ). The learned Magistrate is directed to record the verification as per the law laid down by this Court in the case cited Supra before proceeding further with the complaint in accordance with law. [ B.R. GAVAI, J ]