IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2632 OF 2008 Arjun Pachan Shah ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mrs. Yasmin E. Taveria i/b. Mr. D. A. Barot for the petitioner. Mr. P.S. Hingorani, A.P.P. for Respondent No.1 & 2 Mr. M.P.S. Rao with Mrs. N.T.Dutia i/b. Nameeet & Co.for Respondent Nos. 3 & 4. CORAM : BILAL NAZKI & A.R.JOSHI, JJ DATED : 12TH FEBRUARY, 2009. P.C. An application came to be filed by the Petitioner. Heard the learned counsel for the Petitioner. Learned counsel appears for Respondent No.3 & 4 and takes notice. The Petition is being disposed of at this stage with the consent of the learned counsel for the parties. The Respondent No.3 filed an application under section 36 of the Bombay Public Trust Act, 1950, to which the Petitioner objected. -2- 2. Later on, another application came to be filed, purportedly on behalf of the Petitioner, saying that they were withdrawing their objections. This application, according to the Petitioner was filed by the Respondent. The Petitioner contended before the Charity Commissioner that in fact he had not filed any application withdrawing the objections and that there was a case of forgery. The Charity Commissioner has not decided the issue and has postponed it. The contention of the Petitioner is that the Petitioner’s application for conducting an inquiry as to how such an application came to be made has been rejected. Whereas, the contention of Respondent is that it is only postponed and it will be considered by the Charity Commissioner at an appropriate time. 3. In any case, we feel that the justice in the matter can be done if the application under section 36 is decided alongwith the application of the Petitioner. wherein he has stated that he is not withdrawn the earlier objections and if the Charity Commissioner comes to the conclusion that the objections were not withdrawn, he shall take into consideration the objections filed by the Petitioner in the application under section 36 before passing orders. The Charity Commissioner will also consider whether the -3- application withdrawing the objections needs to be sent to an expert or not. 4. In view of the above, the Writ Petition is disposed of. (A.R.JOSHI, J.) (BILAL NAZKI, J.)