- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.1449 OF 2009 Ispat Industries Limited ...Petitioner vs. State of Maharashtra & Anr. ...Respondents Mr.Ashok Mundargi,Senior Counsel with Mr.Mihir Gheewala, Ms Janvi Dhuve, Mr.Luann Crafts i/b K.Ashar & Co.for the petitioner Mr.H.J.Dedhi A.P.P for State CORAM :A.S.OKA,J. DATE :JUNE 17, 2009 P.C. 1 Heard the learned senior counsel for the petitioner and the learned A.P.P for State. The learned senior counsel for the petitioner states that a reply has already been filed by the petitioner to the proceedings initiated under section 133 of the Code of Criminal Procedure,1973 (hereinafter referred to as the said Code). Learned A.P.P on instructions states that the proceedings will be completed and order will be passed by the learned Magistrate within a period of two weeks from today. 2 The learned senior counsel for the petitioner has tendered an affidavit of Mr.Chandrakant Choudhary, the Junior Manager (Legal) and authorised signatory of the petitioner. The same is taken on record and marked `X for identification. He states that the statements made in the affidavit are without prejudice to the rights and contentions of the petitioner in the pending proceedings under section 133 of the said Code. Paragraphs 4 to 7 of the said affidavit read thus : - 2 - 4. I say that the petitioners have already started construction of a protection compound wall on the purchased land of the petitioners where such loading and unloading activities are carried out. 5. I say that the petitioner s jetty at Dharamtar Creek, Dolvi, Pen is situated on a lease land whereas the storage/clearance activities of the raw material viz.coal and bauxite are carried on a purchased land of the petitioners admeasuring approximately 3-4 acres. It is pertinent to state that the petitioners have purchased approximately 100 acres in that area adjacent to their jetty. 6. I say that in order to comply with the aforesaid order the petitioners have already commenced construction of plinth area work in order to build up the protection wall. The protection wall enclosing the said storage/clearance of materaial admeasures in length, approximately 450 mts. At apresent we have erected 3 ft. high wall for approximately 250 mts. Of the said enclosure. I say that the said rest construction work shall be completed within approximately 15-20 days. 7. I say that the petitioners whilst transporting the materials have taken every due measure to ensure that the said material is henceforth transported by covered trucks. 3 In view of these statements, the order dated 1st June 2009 (Exh.A to the petition) which appears to be an order passed in exercise of power under section 142 (1) of the said Code need not be enforced. 4 Hence, petition need not be kept pending and the same is disposed of by passing the following order : i) The statement made by the learned A.P.P that the proceedings will be decided within two weeks is accepted. ii)Accordingly, it is directed that the proceedings shall be concluded within two weeks from today. iii)The statements/undertakings contained in affidavit of Chandrakant Choudhary, Junior Manager (Legal) and the authorised signatory of the petitioner are accepted. iv)In view of the said statements, the order dated 1st June 2009 (Exh.E) shall not be implemented till the disposal of the proceedings. - 3 - v) However, it is clarified that in the event the petitioner commits any breach, the authority will not be precluded from exercising power under section 142 of the said Code in accordance with law. vi)All contentions of the parties on merits are expressly kept open. vii)Petition is disposed of accordingly. JUDGE