[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2040 OF 2007 Dharmesh Hasmukh Doshi ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Amit Desai Senior Counsel with Mr.Pranav Badheka advocate i/b P.G.Sabnis for Petitioner Mr.S.V.Marwadi Adv. for original complainant Mr.S.R.Shinde A.P.P. for the State Mr.Gul Asnani Adv.for CBI. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 P.C. P.C. P.C. 1. Heard the learned senior counsel for the petitioner-original accused, learned counsel for the CBI, the learned A.P.P. for the State and the learned advocate for the complainant. 2. The petitioner is facing prosecution in Case No.24/PW/04 which is pending before the learned Addl. Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai. The case is mainly under Sections 409, 420, 465 and 468 of IPC. In the said case, warrants came to be issued against the [-2-] petitioner as he did not remain present before the trial Court. The petitioner is seeking quashing of warrants against him. The learned counsel for the petitioner states that it is possible that by now proclamation has also been issued against the petitioner and he has prayed that the proclamation also be quashed. 3. It may be stated here that the petitioner is facing similar prosecution which is pending before the Special Judge at Ahmedabad in Gujarat. The said prosecution is lodged by C.B.I. Warrants of arrest came to be issued against the petitioner in the case before the Gujarat Court as he did not remain present. So also Interpol notice came to be issued against the petitioner at the instance of the C.B.I. as has been done in the present case. The said warrants and Interpol notices came to be challenged by the petitioner before the Gujarat High Court by filing SCRLA No.52 of 2007 and CRLMA No.2727 of 2007 which came to be disposed of by order dated 19.2.2007. The C.B.I. was aggrieved by the said order as well as further order passed in the very same matter dated 28.7.2007, hence they preferred S.L.P.Nos. 1235-1236 before the Hon’ble [-3-] Supreme Court. The Hon’ble Supreme Court passed the following order: . The first respondent has preferred to appear before the CBI Special Judge and prays that warrants of arrest may not be executed till he appears before the CBI Special Judge, Ahmedabad. . The first respondent, Dharmesh Doshi is directed to appear before the Special Judge, CBI, Ahmedabad, Gujarat on 12.1.2009. Till such time, warrants of arrest and also the Interpol notice be kept in abeyance. 4. In view of the above facts, at this stage, I am not inclined to quash the Interpol notice, warrants and proclamation if issued, however, I am inclined to grant liberty to the petitioner to prefer appropriate proceedings before the trial Court for setting aside the said warrants and proclamation if any. In order to enable the petitioner to appear before the trial Court and prefer necessary [-4-] applications, the warrants of arrest, Interpol notice and proclamation if any, are stayed till 31.1.2009. 5. The learned Magistrate to decide the said applications of the petitioner without being influenced by any observations made in this order. 6. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]