IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 2692 OF 2008 Mr Deepak Krishnappa and Anr ..Petitioners. Vs. State of Maharashtra and Anr. ..Respondents. Mr Mihir Gheewala, Advocate for the Petitioners. Mr A. H. H. Ponda, Advocate for Respondent No.2. Shri P. S. Hingorani, A.P.P. for the State. CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND A.R. JOSHI,JJ. A.R. JOSHI,JJ. A.R. JOSHI,JJ. DATED : 17TH FEBRUARY,2009. DATED : 17TH FEBRUARY,2009. DATED : 17TH FEBRUARY,2009. P.C.:- P.C.:- P.C.:- 1. This petition has been filed for quashing the complaint and F.I.R. being M.E.C.R. No. 7 of 2008 filed in Marine Lines Police Station, Mumbai as well as C.C.No. 61/Misc/2008 filed before the Additional Chief Metropolitan Magistrate, 8th Court at Esplanade Mumbai. (the learned Magistrate for short). 2. One of the grounds urged before this Court is that the learned Magistrate on the same day passed two orders. We have noted down both the orders passed by the learned Magistrate in our order dated 2.2.2009 when the petition was admitted. 3. In view of the two orders having been passed on the same day we thought it appropriate to seek an explanation from the learned Magistrate. Explanation has, now, been received. The explanation surprises us more than the surprise we had when we saw two orders having been passed on the same day. 4. The learned Magistrate submits that one order is typed, whereas the another order of same date is written in his own handwriting. About the typed order, he says as under :- "When I came to know firstly on 10.2.2009 that two orders are passed by me in the case before me, I have called reports of concerned officials from my court. Because, in fact, just I had signed on the typed order without reading that order and believing that the said order might have been orally asked to the typist by me to type. Now, I came to know that Mr Koli, the Jr. Clerk, from my court has typed the said order as per oral direction of bench-clerk Shri Shukla. There was no Judicial Clerk or Interpreter in my court when this incident took place on 30.8.2008". ( 3 ) 5. He has also submitted in his explanation that copies of both the orders were obtained for personal use. But they were used for filing the writ petition and as such the petitioners has deceived the Court. 6. We do not know whether that would mean that had he know that orders would be used for filing the writ petition, he would not have issued the certified copies? 7. In any case, the whole things shroud in misery Therefore, both the orders passed by the learned Magistrate are quashed. However, we are not going into the question - as to whether the complaint discloses any offence or not. The complaint be placed before the Chief Metropolitan Magistrate, Esplanade Mumbai, who shall after hearing counsel consider the matter afresh and pass appropriate order in accordance with the provisions of law. He shall not be influenced by this order or by the two orders passed by the learned Magistrate earlier. Copies of the two orders passed by the learned ( 4 ) Magistrate, this order of the Court dated 17.2.2009 and the explanation furnished by the learned Magistrate shall be placed before the Hon’ble Chief Justice so that appropriate administrative action is initiated against the learned Magistrate. 8. By consent of the parties, the petition is being disposed of in terms of this order. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.)