1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR Cr. Writ Petition No.256/2009 Sou. Reena Rakesh Jaiswal and another Vs. State of Mah. and others. Office Notes, Office Memoranda of Coram, appearances, Court’s orders of directions Court’s or Judge’s orders and Registrar’s orders Coram : A.P. Lavande & Prasanna B.Varale, JJ. Dated : 9th June, 2009. Heard Mr. Khare, learned counsel for the petitioners and Mr. Doifode, learned APP for the respondents. By this petition, the petitioners, primarily, challenge the notice dated 15.4.2009 issued to the petitioners under Section 160 of the Code of Criminal Procedure in connection with Crime No. 43/2009 registered under Sections 406, 420, 465, 467, 468, 471 506 read with Section 34 of the Indian Penal Code by Dhantoli Police Station. By the said summons, the petitioners were directed to remain present in the office of Financial Crime Branch, Nagpur City, with all documents on 15.4.2009 at 5.00 p.m. Mr. Khare, learned counsel upon taking instructions from the petitioners states that the 2 petitioners have proceeded to Amarnath and they have been returning on 24.6.2009. He further states that the petitioners are ready to cooperate in the investigation of the Crime No. 43/2009 and they will make themselves available for the investigation. He further states that petitioner no.2 shall appear before respondent no.3 on 25.6.2009 at 11.00 a.m. Insofar as the petitioner no.1 is concerned, Mr. Khare states that she will make herself available at her residence on 26.6.2009 at 11.00 a. m. for the investigation. Mr. Doifode, learned APP upon taking instructions from respondent no.3, who is present in the Court states that respondent no.3 has no objection, if the petitioner no.2 appears before respondent no.3 on 25.6.2009 at 11.00 a.m. for the purpose of the investigation of Crime No. 43/2009 and for recording statement of petitioner no.1 at her residence on 26.6.2009 at 11.00 a.m. Mr. Doifode further submits that notice to the petitioner no.1 under Section 160 of the Code of Criminal Procedure was inadvertently issued since such a notice could not have been issued to petitioner no.1 being a woman in terms of Section 160 of the Code of Criminal Procedure. He further assures the Court that henceforth no woman shall be called for recording the statement at the Police Station. 3 In view of the above, nothing survives in the petition. The petitioner no.2 shall appear at Police Station as undertaken. The petitioner no.1 shall make herself available for investigation as undertaken. The petition stands disposed of. JUDGE JUDGE