1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.510 OF 2010 Kripankaur Nadasing Shikalkar .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Mr.P.P.Runwal for the petitioner. Mrs.S.D.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 31ST MARCH, 2010. P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner has impugned the order dated 18.5.2009 (Exhibit-F to the writ petition) passed by the Judicial Magistrate, First Class, Kalyan by which the application filed by the prosecution dated 18.5.2009 has been allowed. By the application dated 18.5.2009 the prosecution sought permission to delete section 307 on the ground that there is no material against the accused persons attracting the provisions of this section. We have perused the application and the order passed by the learned Magistrate so also other material including the statement of the petitioner and more particularly her statement dated 23.12.2005. From perusal of the application dated 18.5.2009 and the order passed thereon it is clear that the learned Magistrate has allowed the application without assigning any reason. S 2 From persual of the order it is not clear whether the Magistrate while passing this order had gone through the material placed before him. In view thereof we are inclined to set aside the order dated 18.5.2009 passed on the application dated 18.5.2009 filed by the prosecution and direct the learned Magistrate to consider the application afresh and pass speaking order as expeditiously as possible and preferably within a period of four weeks from the date of receipt of this order. Order accordingly. While passing this order we shall not be understood to have examined the merits of the case and the learned Magistrate shall deal with application filed by the prosecution dated 18.5.2009 in accordance with law. It is open to the petitioner - complainant to seek audience before the learned Magistrate in the course of hearing of the application dated 18.5.2009. With these observations the writ petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)