1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1899/2010 Riyaz Mehbub Khan V/s. Rameshwar Vishwanathji @ Shrinathji Sawarkar ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr. R. T. Anthony, counsel for the applicant Mr. S. V. Deshmukh, advocate for Respondent no.1. Mr. A. S. Parihar, APP for Respondent no.2. Coram: A.P. Bhangale, J Dated : 29th June 2011 By this application, the petitioner has questioned the impugned judgment and order passed in Criminal Revision No. 12/2010, decided by learned Additional Sessions Judge, Nagpur, whereby, while framing points for determination the point is answered thus; Whether sufficient and reasonable grounds are made out to condone the delay?, to which, finding is recorded as in the affirmative viz. Yes. It is grievance of the learned advocate for the petitioner that with such finding 2 recorded by the Court the learned trial Magistrate would be influenced by, who has been directed to decide the application for condonation of delay on merits. It appears from the impugned judgment that the learned Additional Sessions Judge heard revision application. There was material irregularity in the proceedings. He also noted that various case laws were sought to be relied upon by the learned advocate for the revision applicant but felt that the trial Court can re-hear the matter on merits and thus directed learned Judicial Magistrate, First Class, Katol to hear Miscellaneous Criminal Application No. 101/2008, afresh as per law since the learned Additional Sessions Judge appears to have answered point no. 1 in the affirmative without deciding the point one way or the other on merits. It would be necessary to clarify that the learned trial Magistrate shall decide Miscellaneous Criminal Application No. 101/2008 after hearing the parties and their advocates on merits in accordance with 3 law without being influenced by findings recorded by the learned Sessions Judge in Criminal Revision No. 12/2010. This order would serve the ends of justice. Application disposed of. JUDGE Punde