1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2143 OF 2009 Ramniklal Gada .. Petitioner Versus Laxmichand J. Vira & Ors. .. Respondents Mr.Subhash Jha i/b. Law Global for petitioner Ms.S.V.Gajare, APP Mr.P.N.Vira for respondent Nos. 1 to 3. CORAM : S.C.DHARMADHIKARI, J. DATE : 9th February 2010. P.C.: 1] Respondent’s – original complainant’s Advocate produces a copy of the roznama in Complaint No.740/X/2000, which is pending on the file of the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai. 2] In my view, in the light of the fact that the petitioner has appeared before the Magistrate on some occasion and the matter is at the stage of recording of evidence before the charge, it would be appropriate if the present petition is disposed of with liberty to petitioner to approach the 2 concerned Magistrate and apply for appropriate reliefs, including discharge from the complaint. All contentions of both sides are kept open. It would be also open for the petitioner to place before the trial court all material including the grounds urged in the present petition and such pleas are also kept open. This court has not expressed any opinion on the merits and the learned Magistrate should decide the application, if made, uninfluenced by the disposal of the present petition. (S.C.DHARMADHIKARI, J)