- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1101 OF 2008 WRIT PETITION NO.1101 OF 2008 WRIT PETITION NO.1101 OF 2008 Mr.Bhagatraj Ahuja ...Petitioner vs. State of Maharashtra & Ors. ...Respondents Mr.Bhagatraj Ahuja, petitioner in person present Mr.D.R.More A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JULY 31,2008 : JULY 31,2008 : JULY 31,2008 P.C.: P.C.: P.C.: 1. Heard the petitioner appearing in person. In a revision application filed by the third Respondent, the learned Sessions Judge, Sangli has granted ad-interim stay and has issued notice to the petitioner calling upon the petitioner to show cause as to why the exparte stay granted should not be confirmed. The petitioner-complainant appearing in person submits that the learned Sessions Judge had no jurisdiction to grant exparte stay and therefore interference by this court is necessary. He has placed reliance on certain decisions of the this Court. 2. On plain reading of the order dated 5th April 2008, it appears that the application for stay filed by the third Respondent herein is still pending before the Sessions Court. The order dated 5th April 2008 is only an ad-interim order. The petitioner can always appear in the Revision Application and contest the application for stay. Therefore, the first - 2 - prayer cannot be entertained. A revision application which is already admitted by the Sessions Court cannot be dismissed by this Court. A separate proceeding is already filed by the Petitioner in so far as prayer (c) is concerned. If the Petitioner wants transfer of the revision application to other court, the petitioner can always file a separate application under section 407 of the Code of Criminal Procedure,1973. 3. This petition under Article 227 of Constitution of India and under section 482 of the Code of Criminal Procedure,1973 is not entertained. The petitioner can always appear before the learned Sessions Judge and raise contentions which are raised by him in this petition for opposing the application for stay. If the petitioner raises the said contentions, the learned Judge is bound to consider the same in accordance with law. Hence, by keeping all the contentions open, the petition is not entertained and subject to what is stated in paragraph 2 above, the same is disposed of. 4. The learned Sessions Judge, Sangli will hear and decide the stay application as expeditiously as possible and in any event within a period of six weeks from the date of receipt of writ of this order. This direction will be naturally subject to the application for transfer, if any, filed by the Petitioner. 5.It is made clear that all contentions of the petitioner on - 3 - merits are kept open. JUDGE JUDGE JUDGE