: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4078 OF 2008 CRIMINAL APPLICATION NO.4078 OF 2008 CRIMINAL APPLICATION NO.4078 OF 2008 Kiran Pratapbhai Kapadia ... Applicant V/s. The State of Maharashtra ... Respondents Mr.I.S. Thakur for the Applicant. . Ms.Alpa T. Jhaveri, APP, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 21ST APRIL, 2009. DATE : 21ST APRIL, 2009. DATE : 21ST APRIL, 2009. P.C.: P.C.: P.C.: 1. Rule. The learned APP waives service. Taken up forthwith for final disposal. 2. The applicant has filed a Revision Application under Section 397 of the Code of Criminal Procedure, 1973 for challenging the order passed by the learned Magistrate rejecting the application for discharge. By the impugned order dated 28th February, 2008, the learned Additional Sessions Judge has rejected the Revision Application. 3. Perusal of the order dated 28th February, 2008 shows that the reasons run only into three paragraphs. The impugned judgment shows that there is no discussion whatsoever as regards the material : 2 : allegedly produced by the prosecution against the applicant. Without adverting to the material on record forming part of the charge sheet, by a cryptic order, the Revision Application has been disposed of by the learned Additional Sessions Judge. 4. In the circumstances, the application is disposed of by passing the following order : "O R D E R" "O R D E R" "O R D E R" (i). The impugned judgment and order dated 28th February, 2008 is quashed and set aside and Criminal Revision Application No.551 of 2007 is restored to the file of the Sessions Court. (ii). The learned Additional Sessions Judge will decide the Criminal Revision Application afresh taking into consideration the observations made in this order. (iii). Hearing of the Criminal Revision Application is expedited. (iv). To enable the applicant to apply for appropriate interim relief before the Sessions Court, : 3 : the case before the trial court will not proceed for a period of six weeks from today. (v). The application is disposed of in above terms by keeping all contentions on merits open. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]