-1- 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 CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.105 OF 2008 WRIT PETITION NO.105 OF 2008 WRIT PETITION NO.105 OF 2008 M/s.Shri Balaji Computers ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.106 OF 2008 WRIT PETITION NO.106 OF 2008 WRIT PETITION NO.106 OF 2008 M/s.Sai Systems ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents Mr.S.P.Kadam i/b Mr.Avinash Fatangare for the Petitioner Mr.Rajiv Patil with Mr.Onkar Warange i/b Mr.Dushant Purekar for Respondent No.2 Ms A.A.Mane A.P.P. for State CORAM: CORAM: CORAM: SMT.NISHITA MHATRE,J. SMT.NISHITA MHATRE,J. SMT.NISHITA MHATRE,J. DATE DATE DATE : JUNE 13, 2008. : JUNE 13, 2008. : JUNE 13, 2008. P.C.: P.C.: P.C.: 1. The order challenged in these petitions is dated 5th January 2008 passed by the VI Additional Sessions Judge, Pune. This common order has been passed in a Revision Application filed by the accused for return of property i.e.72 computers. Perusal of the order impugned in these Petitions indicates that the learned Sessions Judge has made observations relating to the merits of the case as to whether actions complained of would constitute the offence of criminal breach of trust. Several other observations indicate that the Sessions Judge has proceeded to decide the merits of the case in the revision -2- itself, rather than confining himself to the issue whether the property in question should be returned to one of the accused. Even in the operative part of the order, he has directed that the Applicants/accused should deposit Rs.2 lakhs in the trial court until it was established before the civil court that the Petitioners herein had a claim over the property. These observations are totally uncalled for and also unnecessary. 2. In these circumstances, the order passed in the Revision Application No.825 of 2007 is set aside. The matter is remanded to the Sessions Court for deciding the same afresh. The Revision Application shall be disposed of as expeditiously as possible and in any event within a period of four weeks from today. 3. Petitions are disposed of. * * * * *