1 wp2461-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2461 OF 2010 IN CRIMINAL REVISION APPLICATION NO. 994 OF 2009 Arvind Kumar Ramchandra Shah .. Petitioner Versus The State of Maharashtra .. Respondent Mr. S. A. bhalwal i/by M/s Vyas & Bhalwal for the petitioner Mr. Y. M. Nakhawa, APP for the Respondent-State CORAM : N. D. DESHPANDE, J. DATE : 3rd February, 2011 P.C.: 1. Heard learned counsel for the petitioner and Mr. Nakhawa, APP for the State. 2. This petition is of the year 2010 filed on 6 th May, 2010 under Article 226 of the Constitution of India for issuance of writ of certiorari or a writ, order or directions in the nature of prohibition from proceeding with case No. 253/520 of 2005 pending before the 52 nd Metropolitan Magistrate Court, Kurla, so also for calling records and proceedings in Case No. 339/PS/2007 initiated on 16.12.2008 and for quashing the same. Present status of the proceeding as told is that the date 22 August 2010 was fixed for recording pleas. The prosecution is for the offence punishable under Section 304A read with section 34 of the Indian Penal Code in respect of the incident dated 17 th May,2006, when there was a fire in Priyadarshani building on third floor. Part of the building was 2 wp2461-10 in possession of ONGC as a tenant and the building belongs to RCF. The petitioner, at the relevant time was working as Deputy General Manager and was managing the affairs of the company- ONGC. 3. It is the case of the petitioner that he is innocent and had no role to play in the matter of maintenance of the building and there was a separate team of officers for the same. Such averments in the petition cannot be entertained after four years, in this petition for the delay and latches. Needless to state that the petitioner shall be at liberty to raise this plea in defence of his case to point out that the whole prosecution is groundless. The trial Court may hear on all these points and decide the matter in accordance with law. The petition suffers from delay and latches and hence, dismissed at the stage of admission. ( N. D. DESHPANDE, J. )