IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.853 OF 2008 Prakashbhai Haribhai Desai .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents Mr.M.K.Kochrekar iby Rajeev Sawant & Associates for the Petitioner. Mr.J.P.Yagnik, A.P.P for Respondent No.1. Mr.Ashish Sable i/by Goenka Law Associates for the Respondent No.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 11th July 2008. P.C.: . Heard advocate for the petitioner, learned A.P.P for the State and the advocate for the 2nd respondent. In so far as prayer (a) is concerned, the petitioner can always file a revision application for challenging an order issuing process. 2. My attention has been invited to various applications made on behalf of the petitioner before the learned Magistrate. I have also perused the order passed by the learned Magistrate of issuing non bailable warrant against the petitioner. In my view, the warrant issued against the petitioner deserves to be cancelled with liberty to make a fresh application before the learned trial Judge for grant of exemption from personal appearance. : 2 : 3. Hence, I pass the following order: (i) The petition is not entertained in so far as prayer (a) is concerned. (ii) Liberty to the applicant to file revision application before the appropriate Sessions Court for challenging the order issuing process. (iii) The non-bailable warrant issued against the petitioner on 04th April 2008 is hereby cancelled. (iv) It will be open for the petitioner to make a fresh application before learned trial Judge for grant of exemption. If such application is made by the petitioner, the same will be heard on its own merits in accordance with law. (v) All contentions of the parties are expressly kept open. : 3 : (A.S.Oka,J)