-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPL. NO. 3575 OF 2010 Commander Jaswant Singh Sandhu. ..Applicant. Versus Chandubhai N. Patil & Ors. ..Respondents. Mr. S. H. Mishra for the applicant. Mrs. Malika A. Ingale for R-1. Coram : RANJIT MORE, J. Date : November 9, 2011. P. C. : 1. The present applicant is accused no.3 in SCC No. 2004/SS/2007 filed by respondent no.1 before the Additional Chief Metropolitan Magistrate, Borivali [for short “the MM”] under sections 448, 323, 504 and 506, 427 read with 34 of IPC. It is the applicant’s case that the MM issued process only against accused nos.1 and 2 and not against accused no.3, i.e., the applicant herein, and inspite of that summons is issued against the applicant to remain present in the Court on 20/2/2008. Copy of the summons is annexed at Exhibit-A [page 14] to the present appliction. 2. Respondent no. 1 filed affidavit in reply wherein it is admitted that Process is not issued as against accused no.3- applicant herein and Process is issued only against accused srp -: 2 :- nos. 1 & 2. It is stated that summons was inadvertently issued to the applicant. Respondent no.1 at Exhibit-A to his affidavit, has annexed order dated 15/12/2011 passed by the MM. Perusal of this order makes it clear that no process is issued against original accused no.3 and therefore there is no prosecution as against him. In above circumstances, the petition deserves to be allowed in terms of prayer clause (a). Consequently, summons dated 26/12/2007, copy of which is annexed at Exhibit-A to the application is quashed and set aside. Application stands disposed of in above terms. (RANJIT MORE, J.)