1 16WP.2745-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2745 OF 2011 Sunil Harishchandra Yadav. ..Petitioner. Vs. State of Maharashtra and 3 others. ..Respondents. .......... Mr. Mayuresh Modgi, Advocate for the Petitioner. Mr. P.S. Hingorani, A.P.P. for the State. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 23rd SEPTEMBER, 2011. P.C. 1. The grievance of the petitioner is that the petitioner made formal application before the concerned Magistrate praying for the reliefs claimed in this Writ Petition which ordinarily ought to have been considered by the Magistrate in the first instance. However, the concerned Magistrate did not accept the said application and no order has been passed on that application. 2. It is not possible for us to accept this contention. Be that as it may, it will be open to the petitioner to once again approach the Magistrate and place on record copy of this order. We hope and trust that the Magistrate will consider the application to be filed by the PPD 2 16WP.2745-11 petitioner on its own merits in accordance with law. If the concerned Magistrate has already passed reasoned order on the earlier application filed by the petitioner, it will be open to him to reject the proposed application being successive application which cannot be entertained by him. 3. Petition is disposed of accordingly. Needless to observe that if any adverse order is passed against the petitioner, it will be open to him to question the correctness thereof by way of appropriate proceedings on its own merits. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)