-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL REVISION APPLICATION NO.12 OF 2009 Mr.Dilip A. Dhruv & Anr. : Applicants/ Accused V/s. State of Maharashtra & Anr. : Respondents ... Mr.Jehangir Khajotia for the applicants. Mr. H.J.Dedhia, Addl. Public Prosecutor for the State. Mr.Harshad Palwe for respondent no.2. ... CORAM : A.S.OKA, J. DATE : APRIL 27, 2009. P.C. 1. Heard the learned counsel appearing for the applicants, the learned Addl. Public Prosecutor for the State and the learned counsel appearing for the 2nd respondent. 2. The learned counsel appearing for the applicants has produced for perusal of the Court the roznama of the proceedings which shows that the order dated 15.10.2008 was passed by the learned Magistrate after recording verification statement of the 2nd respondent under section 200 of the Code of Criminal Procedure, 1973 (hereinafter -: 2 :- referred to as the "said Code"). In view of this factual position, the learned counsel appearing for the 2nd respondent states that in view of the settled position of law, the order under section 156(3) of the said Code could not have been passed. 3. In this view of the matter, the Revision Application is disposed of by passing the following order:- O R D E R (i) The impugned order dated 1.1.2009 passed by the Sessions Court is set aside and Criminal Revision Application No.1205 of 2008 stands dismissed. (b) The order of the Magistrate dated 15.10.2008 under section 202 of the said Code stands restored. (c) Report to be submitted within a period of eight weeks from today. A.S. OKA, J.