1 Cri.W. 1067.09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1067 OF 2009 [Javed Khan S/o Ayyubkhan Vs. State of Maharashtra] Mr.D.S.Bharuka,Advocate for the Petitioner. Mr.V.D.Rakh,A.P.P.for respondent-State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1] Heard. 2] Perused the impugned order. Although, argument of the learned A.P.P. that this petition is not maintainable, is acceptable, but in view of the Judgment of this Court in the case of Dhananjay Vs. State of Maharashtra (2005(2) Mh.L.J.384) and in view of the facts and circumstances of the case, and the questions involved between the parties, I am of the view that, it would be better if the 2 Cri.W. 1067.09 petitioner approaches the Appellate Authority, where he would be able to make submissions etc. on facts. 3] Thus, the Criminal Writ Petition stands dismissed with liberty to the petitioner to file an appeal under section 60 of the Bombay Police Act, 1951. The time spent for pursuing this application shall stand condoned, while filing the Appeal. Sd/- DT.: 24.03.2010 [A.V.NIRGUDE,J.] MTK