- 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.1726 OF 2008 WRIT PETITION NO.1726 OF 2008 WRIT PETITION NO.1726 OF 2008 Shravan Shyam Shroff ...Petitioner vs. State of Maharashtra & Anr. ...Respondents Mr.Vineet B. Naik a/w Mr.Samsher Garud, Ms Hemangi Abhyankar and Mr.Ravi Suryawanshi i/b M/s.Naik, Naik and Co.for the petitioner Ms Lata Desai i/b Ms Pallavi Divekar for Respondent No.2 Ms P.P.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 22,2008 : AUGUST 22,2008 : AUGUST 22,2008 P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. Leave to amend. Amendment to be carried out within a week. 2. Heard the learned counsel appearing for the petitioner, learned A.P.P. for the first respondent and the learned counsel for the second respondent. 3. So far as prayer (a) is concerned, a remedy of filing a revision application under section 397 of the Code of Criminal Procedure,1973 is available to the petitioner for challenging the order issuing process. In so far as prayer (a-1) is concerned, it is for the petitioner to appear before the learned Magistrate and to apply for cancellation of warrant. - 2 - To enable the petitioner to do so, a limited protection can be granted. 4. Hence, this petition need not be kept pending and the same is disposed of by passing the following order : i) It will be open for the petitioner to appear before the learned Magistrate on 26th August 2008 and to apply for cancellation of warrant ordered to be issued against him. To enable the petitioner to do so, warrant shall not be executed till 5th September 2008. ii) If the petitioner appears before the Trial Court on 26th August 2008 and applies for cancellation of warrant, the said application shall be disposed of by the learned Trial Judge as expeditiously as possible and in any event on or before 2nd September 2008. iii) It is made clear that if the Petitioner fails to appear before the learned Judge on 26th August 2008, the limited protection will cease to apply and the warrant will become executable. iv) It will be open for the petitioner to challenge the order issuing process by filing a revision application before the appropriate Sessions Court. - 3 - v) All contentions of the parties on merits in that behalf are expressly kept open. vi) Petition is disposed of in above terms. vii) Parties and the concerned court to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE