IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURIDICTION CRIMINAL WRIT PETITION NO. 409 OF 2010 M/s. Galaxy Amaze Kingdom Ltd .......Petitioner. v/s. The State of Maharashtra & anr. ........Respondents --------- Mr. Goklaney i/by. Mr. S.M. Shettigar, adv.for the petitioners. Ms. P.P. Bhosale, APP for State-respondent no.1. Mr. Nilesh Das, adv.for respondent no.2. CORAM :- S.C. DHARMADHIKARI, J. DATED :- 8th FEBRUARY, 2010. P.C. :- 1. Heard learned counsel for the parties. 2. Prima-facie, it appears that the inquiry under Section 202(1) CrPC has been made before summoning the accused/petitioners who are residing beyond the territorial jurisdiction of the court. In these circumstances, it cannot be held that the court has not satisfied itself about its territorial jurisdiction. That apart, at the trial, the petitioners are at liberty to produce such materials as they have in their possession to urge that the court at Dadar, Mumbai has no jurisdiction. Presently, that aspect cannot be concluded, much less, against the complainant. 3. The second aspect of the matter, which is highlighted about the petitioner’s role in the affairs of the accused no.1-company is concerned, even there mixed issues arise and unless and until the factual foundation as laid is substantiated and the complainant is given complete opportunity to do so, it will not be possible to conclude that each of the accused are not liable and therefore cannot be punished for the offences alleged. In my view, it would not be possible to interfere at this stage under the inherent jurisdiction of this court. All contentions and pleas of the parties in both courts are kept open. Therefore, keeping them open, this Writ Petition is dismissed. [S.C. DHARMADHIKARI, J]