1 crwp3097-10 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURSIDICTION CRIMINAL WRIT PETITION NO. 3097 OF 2010 WITH CRIMINAL WRIT PETITION NO. 3098 OF 2010 WITH CRIMINAL WRIT PETITION NO. 3099 OF 2010 Charanjit Arora .. Petitioner in all petitions V/s. State of Maharashtra & Anr. .. Respondents in all petitions ..... Mr. Devendra S. Joshi for the petitioner. Mr. H. J. Dedhia, APP for the respondent No.1 – State. Mr. Abbas Mukhtiar, Mr. Ritesh Wagh i/b. Mr. K. Ashar for respondent No.2. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 18, 2011. P.C.: The learned counsel appearing for the petitioner on instructions of the petitioner who is personally present in the Court states that the petitioner is pressing only the prayer (b). His submission is that by setting aside the impugned order, the complaint be ordered to be returned to the complainant for presentation to the appropriate Court. I have heard the learned counsel appearing for the respondent No.2. 2. By the impugned order, the learned Magistrate held that he 2 crwp3097-10 has no territorial jurisdiction to entertain the complaint and only on this ground that he has dismissed the complaint. 3. In view of the statement made by the learned counsel appearing for the petitioner and the finding of the learned Magistrate, the impugned order will have to be modified. Accordingly, I have pass the following order: :: O R D E R :: i. The impugned Judgments and orders dated 5th July, 2010 are modified and that part of the impugned orders by which complaints were dismissed is set aside. ii. By confirming the finding on issue of jurisdiction, the complaints are restored to the file of the learned Judicial Magistrate First Class, Ulhasnagar. iii. The learned Judicial Magistrate First Class, Ulhasnagar shall pass a formal order returning the complaints to the complainant for presentation to the proper Court with an endorsement made thereon to that effect. 3 crwp3097-10 iv. Petitions are partly allowed on the above terms with no order as to costs. (A.S.OKA, J.)