[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P. NO.2198 OF 2008 IN C.C.NO.4900027/SW/2007 R.S.Agarwal ..Petitioner Vs. Shri.Sachin Zadane and Anr. ..Respondents ... Mr.Jehangir Khajotia Advocate for Petitioner M/s.Paras Kuhad & Associates for Respondent no.1 Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 18, 2008 DATE : DECEMBER 18, 2008 DATE : DECEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner, learned advocate for the respondent no.1-original complainant and the learned A.P.P. for the State. 2. The respondent no.1 filed complaint under Sections 499, 500 and 501 of IPC against the petitioner. The case is numbered as Case No.107 of 2007 and it is pending before the learned Judicial Magistrate F.C. 11th Court at Thane. In the said case, process came to be issued against the petitioner under Sections 500 of IPC. Being [-2-] aggrieved thereby, this petition has been filed. 3. For the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court I am of the opinion that the petitioner has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the petitioner prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the petitioner to prefer the necessary revision before the concerned Sessions Court. The learned advocate for the petitioner makes a statement that the necessary revision will be preferred within four weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of four weeks. If the revision is filed within four weeks, the learned Sessions Judge shall condone the delay if any in preferring revision. 5. On the necessary revision being preferred by [-3-] the petitioner before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing the necessary parties. 6. The petitioner is also seeking of quashing of warrants which came to be issued in the said case by the learned Magistrate. As far as warrant is concerned, I am not inclined to quash the same. However, liberty is granted to the petitioner to prefer appropriate proceedings before the trial Court for setting aside the said warrant. To enable the petitioner to move the trial court for setting aside the warrant, said warrant is stayed for a period of four weeks from today. 7. Petition is disposed of. [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]