/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2922 OF 2005 M/s.Desai Traders ...Petitioners V/s. Mahalaxmi Tyres & Auto Services & Ors. ...Respondents. Shri. A.B. Vagyani for petitioner. Shri.Vaibhav Patankar for respondent No.3. Mrs.M.M. Deshmukh APP for the State. CORAM : V.M. KANADE, J DATED : 03/08/2006 P.C.:- 1. Heard learned advocate appearing on behalf of petitioners and learned advocate appearing on behalf of respondents. Petitioners are challenging the order passed by Sessions Court in Criminal Appeal No.91/2001 whereby Sessions Court partly allowed the appeal and set aside the order of conviction passed by the Judicial Magistrate First Class and directed the Judicial Magistrate to decide the matter fresh. It appears that two appeals were filed by the present petitioners in criminal appeal No.90/2001 and 91/2001. / 2 / Against the order in criminal appeal No.90/2001, Petitioner filed criminal writ petition being Criminal Writ Petition No.546/2004. This Criminal writ petition was allowed by this court dated 2nd March, 2005 and matter was remanded back to the appellate court. It is submitted that inadvertently no writ petition was filed as against order passed in Criminal Appeal No.91/01. It is submitted that therefore, present writ petition has been filed. 2. I have heard learned counsels for the petitioners and respondents. 3. Facts in the present case and the case in the other writ petition filed by the petitioner are identical. This writ petition is, therefore, allowed for the said reasons mentioned in Judgment and order in Criminal Writ Petition No.546/2004, passed by this court. Rule is accordingly made absolute. Matter is remanded back to the appellate court. Appellate court is directed to decide appeal on its own merits after considering the provisions of Sec.465. All questions which are raised in the trial court and in this court are kept open. Lower court to decide appeal as / 3 / expeditiously as possible and in any case within a period of two months. Both the criminal appeals should be heard together. Writ petition is disposed of in above terms. V.M. KANADE, J.