1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.387 OF 2009 Sailesh C. Thakkar Petitioner versus State of Maharashtra and others Respondents Ashok Mundargi with S.U.Marwadi i/by Ms.Sunita Sharma for petitioner. Alpa Jhaveri, APP for State. I.B.Singh, respondent no.3 present in person. CORAM : A.S.OKA, J. DATE : 24th June 2009 PC :- 1. Heard original complaint (third respondent) who is a practicing advocate. He appears in person. There were two submissions made in this petition on the last occasion. The first submission was that after the learned Magistrate applied his mind to the facts of the complaint and kept the complaint for recording verification statement, the learned Magistrate thereafter could not have passed an order under section 156(3) of the Code of Criminal Procedure, 1973. The second submission was that by earlier order dated 21st May 2008, the prayer for passing a direction under section 156(3) of the said Code of 1973 was rejected, but by the subsequent order it was granted and, therefore, the learned Magistrate could not have modified his own order. 2 2. The third respondent appearing in person states that he has no objection if the order dated 30th July 2008 is quashed and set aside and learned Magistrate is directed to proceed further on the basis of the order dated 21st May 2008 directing recording of verification statement. 3. In view of the settled legal position and in view of the concession made by the third respondent appearing in person, the petition is disposed of by passing following order :- (a) The impugned order dated 30th July 2008 is quashed and set aside; (b) It is made clear that the order dated 21st May 2008 is restored and the learned Magistrate will proceed further in accordance with the said order dated 21st May 2008; (c) All contentions on merits of the complaint are expressly kept open. (A.S.OKA, J.)