1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3521 OF 2011 Sandeep Vedprakash Chaudhary .. Petitioner V/s The State of Maharashtra & Anr. .. Respondents Mr.Sandesh More with Mr.Ankush Dhokale for the petitioner. Ms.M.H.Mhatre, APP for the State. CORAM: A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE: 30th November, 2011. P.C.: 1. Leave to amend to implead the complainant as party Respondent in this petition, is granted. 2. Although three different reliefs have been claimed in this petition, Counsel for the petitioner submits that he would confine this petition to prayer clause (c), which is for staying the Proclamation Warrant issued against the petitioner by the 14th Metropolitan Magistrate’s Court so as to enable him to approach the said Court for cancellation thereof, as well as for asking further reliefs as may be necessary. 3. Before passing any order on this relief, we would have issued notice to the complainant, but for the nature of the order that we 2 propose to pass, which in our opinion, may be acceptable even to the Respondent No.2 complainant, we do not want to burden the complainant to appear in the present proceedings. 4. Accordingly we dispose of this petition by observing that no coercive action be taken against the petitioner for a period of one week from today to enable the petitioner to appear before the 14th Metropolitan Magistrate’s Court at Girgaon, Mumbai so as to take out appropriate application including for setting aside the Proclamation Warrant. We make it clear that this indulgence shown to the Petitioner is not an expression either way as to the justification given by the Petitioner. That question will have to be considered by the concerned Court on its own merits. 5. This protection will operate only for a period of one week from today. If the petitioner fails to approach the concerned Metropolitan Magistrate’s Court within the specified time, the police officials as well as the concerned Metropolitan Magistrate would be free to proceed against the petitioner in accordance with law, forthwith. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)