bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 402 OF 2008 PETITION NO. 402 OF 2008 PETITION NO. 402 OF 2008 Mr.Loonkaran Jain ... Petitioner v/s 1. The State of Maharashtra 2. Shri Parshottam K. Parekh ... Respondents Mr.Subhash Jha i/by Law Global for the petitioner. Mr.Y.M.Nakhwa, A.P.P. for the respondent No.1 State. Ms.Sunita Bamne i/by Ms.V.D.Jaisingh for Resp.No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 29TH APRIL, 2008 29TH APRIL, 2008 29TH APRIL, 2008 P.C. P.C. P.C.: 1. The petition has been filed to challenge the order of issuance of process and for quashing the proceedings in C.C.No.3835/SS/2007 pending before the Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai. Significantly, the order of the Sessions Court in Misc. Application No.1125 of 2007 in Criminal Revn. Application (Stamp) No.4180 of 2007 is not challenged. 2. The petitioner has approached this Court in an earlier writ petition i.e. Criminal Writ Petition No.1005 of 2007 when this Court relegated the petitioner 2 to file a criminal revision application before the Sessions Court under Section 397 of the Code of Criminal Procedure. The Sessions Court has held that the delay of 10 years in filing the criminal revision application is unexplained. In fact, the Sessions Court has given cogent and sufficient reasons, which cannot be termed as perverse, for refusing to condone the delay and, therefore, the revision application has been dismissed. 3. This petition has been filed under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure. In my opinion, when the Sessions Court has taken a particular view and dismissed the revision application and if that order has not been challenged, the petition filed before this Court cannot be entertained. When the order passed by the Sessions Court is not challenged for reasons best known to the petitioner, it continues to operate. A petition would not lie under Section 482 of the Code of Criminal Procedure under such circumstances. 4. Writ petition rejected.