1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal W.P. No.734 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Original accused No.7 was found absent and, therefore, a standing non-bailable warrant is issued by the learned Magistrate. The learned Magistrate allowed the application of original complainant, which was submitted through the learned A.P.P., to proceed with the trial U/s 299 of the Cr.P.C. The petitioner challenged the order by filing Revision Application No. 158/2009 which came to be dismissed. The petitioners are original accused Nos.1 and 2 in the Criminal case (RCC No.171/2000). There appears prima facie reason to infer illegality committed by the learned Magistrate while proceeding U/s 299 of the Cr.P.C. without following due procedure as envisaged U/s 82 of the Cr.P.C. Still, however, grievance about such illegality can not be made by the present petitioners who are unconcerned with the same. If at all, the original accused No.7, who is unavailable, is aggrieved due to any conviction rendered against him then he will have a say in such matter. The petitioners have no locus-standi to challenge the orders in question. The petition is dismissed. (V.R.KINGAONKAR,J.) Dt.13.08.2009. asp/office/Crwp734.09