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 WRIT PETITION NO. 1206 OF 2007 CRIMINAL WRIT PETITION NO. 1206 OF 2007 CRIMINAL WRIT PETITION NO. 1206 OF 2007 Kairoos Minoo Bhaiya .... Petitioner versus The State of Maharashtra & anr...... Respondent. Shri Sandeep Velkar for the petitioner. Mrs. M.H.Mhatre APP for Respondent no.1. Shri M.S.Marwadi for the Respondent no.2. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 17TH JANUARY, 2008 DATED; 17TH JANUARY, 2008 DATED; 17TH JANUARY, 2008 P.C.; P.C.; P.C.; 1. By this Writ Petition, an order passed by Metropolitan Magistrate, issuing process is challenged. The said order was challenged by filing a revision before the Sessions Court. There was a delay of more than 1000 days in filing of the revision and hence an application for condonation of delay was also filed. The said application came to be rejected as the Sessions Judge was of the opinion that the delay was not properly explained and as the petitioner was guilty of latches. After the rejection of the revision, the present writ petition has been filed. I do not find any fault with the impugned order passed by the Sessions Judge. It is also not in dispute that the petitioner can even now move the Magistrate for discharge under section 245 (2) of Cr.P.C. The learned counsel for the petitioner is not pressing the writ petition, however, seeks liberty to move an appropriate application under section 245(2) of Cr.P.C. before the Magistrate. He undertakes to file the application within a period of four weeks from today and if such an application is moved, the trial court shall consider and decide the same as expeditiously as possible and preferably within a period of two months from the date of filing of the application in accordance with the law. Needless to mention that the ad-interim stay granted stands vacated. Writ Petition stands disposed of. ...