[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2062 OF 2007 Radhyeshyam Shivnarayan Srivastava ..Petitioner Vs. The Police Inspector, Dehu Road & Anr. ..Respondents ... Mrs.Indrayani Koparkar Advocate on behalf of Mr.Nitin P.Deshpande Advocate for Petitioner Mr.J.P.Yagnik A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JANUARY 14, 2008 DATE : JANUARY 14, 2008 DATE : JANUARY 14, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned APP for the State. 2. The petitioner is seeking quashing of proceedings relating to Summary Criminal Case No.1349 of 2007 pending before the learned Judicial Magistrate, F.C. Vadgaon. In the said case process is issued under Section 124 of Bombay Police Act. If the process issued against the petitioner is set aside, the proceedings in respect [-2-] of the petitioner, would come to an end. 3. However, for the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. V.K.Jain Vs. V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, P.V.Padode; 2005(3) Mh.L.J.778, P.V.Padode; 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court, I am of the opinion that the petitioner has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the petitioner prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the petitioner to prefer the necessary revision before the concerned Sessions Court. The learned advocate for the petitioner makes a statement that the necessary revision will be preferred within four weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of four weeks. The learned APP makes a statement that no objection will be raised in respect of condonation of delay in preferring revision before the Sessions Court. In view of this statement, the [-3-] learned Judge shall condone the delay, if any. 5. On the necessary revision being preferred by the petitioner before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing the necessary parties. 6. Writ Petition is disposed of. [SMT.V.K.TAHILRAMANI,J.]