1 wp1810.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Writ Petition No. 1810 of 2010 The State of Maharashtra ....Petitioner v/s. Balgonda Shivgonda Patil & anr. ....Respondents Miss A.T. Jhaveri for the petitioner. Mr. P.P.Kulkarni for the respondents. CORAM: B.R. GAVAI, J. 7th June, 2011 P.C. The State takes exception to the order of the learned Additional Sessions Judge, Ichalkaranji dated 23rd February, 2010 thereby allowing the revision filed by the respondent-accused challenging the order passed by the learned JMFC, Ichalkaranji dated 29th October, 2010 thereby issuing process for the offence punishable under Section 52(2)(A)(B) of the M.R.T.P. Act. The learned Revisional Court relying on the second part of the schedule of the Cr. P.C. has found that since the punishment for offence in question was upto three years or with only fine, it was not a cognizable offence and as such unless the provisions of Section 155(2) were followed, the proceedings were not sustainable in law. 2 wp1810.10.sxw No perversity is noticed in the approach adopted to warrant interference. Rejected. (B.R. GAVAI, J)