1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 585 of 2010 Smt. Nisha Arun Pathak ..VERSUS.. State of Maharashtra, through Rly. P.S.O., GRP, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.V.BHutada, Advocate for the applicant Mr. D.M.Kale, A.P.P. for respondent/State. CORAM : Prasanna B. Varale, J. DATED : 28 th Febru ary , 2011 . Heard. After arguing the matter for some time, Mr. S.V.Bhutada, learned Advocate for the applicant on instructions submitted that the petitioner will be satisfied if prayer clause (G) of the petition is granted and he is not pressing the other prayers made in the application. The prayer clause (G) reads thus : “G. Direct the learned Judicial Magistrate, First Class, Railway Court, Nagpur to hear the petitioner while ordering final disposal of the property at the conclusion of trial in Criminal Case No. 19/2010”. In view of the submissions of learned Advocate for the petitioner, this court without expressing any opinion about the merits of the matter, grants prayer clause (G). If petitioner is taking recourse to the remedies under the law and approaches the learned Magistrate for giving him an opportunity of hearing while passing the order about disposal of the property at the conclusion of the trial in Criminal Case No. 19/2010, the learned Magistrate may give an opportunity of hearing to the petitioner. 2 Mr. Bhutada, learned Advocate for the applicant submits that the Criminal Case No. 19/2010 has been transferred from J.M.F.C, Railway Court, Nagpur to the court of Chief Judicial Magistrate, Nagpur and re-numbered as Criminal Case No. 196/2011. Hence, though in prayer clause (G) it is mentioned that Criminal Case No. 19/2010 is pending before the Judicial Magistrate, First Class, Railway Court, Nagpur, it may now be read as Criminal Case No. 196/2011 pending before the C.J.M., Nagpur. In the circumstances, learned C.J.M., Nagpur, before whom Criminal Case No. 196/2011 (new) (State .v. Mohsin), (Cri. Case No. 19/2010 (old) may consider the application, if moved by the petitioners, on its merits and pass appropriate orders as per the provisions of law. With these directions, the writ petition is disposed of. JUDGE Diwale