1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITON NO. 774 OF 2010 Nakka Krishnamurthy ...Petitioner Vs. State of Maharashtra & Anr. ...Respondents ----- Mr.U.L. Shah for the Petitoner Mrs.P.P. Bhosale -APP for the State ----- CORAM: V.M. KANADE J. DATED: 22ND JUNE, 2010 P.C. 1. Heard. 2. Grievance of the Petitioner in this petition is that the verification has not been recorded properly and in accordance with the ratio of the judgment in the case of Amarnath Baijnath Gupta and Anr. Vs. Mohini Organics Pvt. Ltd. and Anr. reported in 2009 (3) Bom. C.R. 258 and the enquiry has also not been conducted properly as per the provisions of section 202 of the Cr.P.C. since the Petitioner is residing outside the jurisdiction of this Court. 3. By consent of the parties, the matter is remanded back to the learned Magistrate. The learned 2 Magistrate shall record a fresh verification of the complainant and exercise the jurisdiction vested in him and held enquiry under section 202 of the Cr.P.C. and, thereafter, pass an appropriate order on merits and in accordance with law. 4. Therefore, the verification recorded by the Learned Magistrate and the process issued in the said application is set aside. The learned Magistrate shall pass a fresh order as expeditiously and, if possible, within a period of one month. 5. Petition is, accordingly, disposed of. (V.M. KANADE J.)