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. 2801 OF 2006 WRIT PETITION NO. 2801 OF 2006 WRIT PETITION NO. 2801 OF 2006 Sunil Bhikaji Kanade. ..Petitioner. versus The State of Maharashtra. ..Respondent. AND CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 1996 OF 2007 WRIT PETITION NO. 1996 OF 2007 WRIT PETITION NO. 1996 OF 2007 Rajesh K. Singh. ..Petitioner. versus The State of Maharashtra. ..Respondent. .... Mr.A.P.Mundargi, Senior Advocate with Mr. Manohar More, for the Petitione, in Crim.W.P.No.2801/2006. Mr. Manish Bohra, h/f. A.S.Khan, for the original Complainant, in Crim.W.P.No.2801/2006. Mr. Y.S.Shinde, APP, for the Respondent, in Crim.W.P.No.2801/2006. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 29TH AUGUST,2008. : 29TH AUGUST,2008. : 29TH AUGUST,2008. P.C. 1. Heard the learned Counsel appearing for the parties. In these Petitions filed under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, the challenge is to the order passed by the learned Magistrate by which an application made by the Petitioners for discharge has been rejected. The orders impugned are revisable under section 397 of the Code of Criminal Procedure, 1973. Only on this ground, the Petitions are not entertained and the same are disposed of by - 2 - keeping the remedy of the Petitioners open. 2. In the event the Revision Applications are filed, the concerned Court is bound to take note of the fact that the Criminal Application No.2801/2006 was filed in this Court on 22nd December 2006 and remained pending in this Court till today. In case of the Criminal Writ Petition No.1996/2007, the concerned Court is bound to take a note of the fact that this Petition was filed in this Court on 26th October 2007 and the same remained pending in this Court till today. 3. All contentions of the parties on merits are kept open. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]