hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 606 OF 2011 Dodia Siraj Aziz Ali ... Applicant Versus State of Maharashtra . ... Respondent Smt. Shabana Shaikh i/by Mr. O.A. Siddiqui, Advocate for the applicant. Mr. S.S. Pednekar, A.P.P. for State. CORAM : K.U. CHANDIWAL,J. DATED : OCTOBER 20, 2011 P.C. Heard the learned counsel for the accused. The learned A.P.P. again seeks time. The accused applicant being accused no. 7 has urged the learned Judge to discharge from prosecution in C.C. No. 606/PW/2005. The grounds for such discharge were indicated in the application. The learned Judge while passing the order on the application on 23.5.2011 did not deal with the aspect of discharge. However, travelled to the 1 hvn area which was not within realm of his powers to infer that he has inherent powers to give an opportunity to the prosecution to obtain sanction of Central Government in terms of section 188 Cr.P.C. and granted 10 months of time. The exercise that has been done by the learned Judge is not recognized by Cr.P.C. Even otherwise, he was expected to deal with discharge application this way or that way. Having not done the legitimate expected work, the order dated 23.5.2011 calls for interference. Hence, the matter is remanded to the learned Metropolitan Magistrate, 22nd Court, Andheri, Mumbai to re-hear the accused/applicant on his application for discharge and pass appropriate orders expeditiously. (K.U. CHANDIWAL,J.) 2