2107crn414.09.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 414 OF 2009 Ajay Khemka & others vs. Deepak Dajjuka & another --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. BK Gandhi, Advocate for the applicants. Mr. Habibuddin Ahmed, Adv. for respondent No. 1. Mrs. TD Khade, A.P.P. for the State. CORAM:- R. Y. GANOO, J. DATED :- 21st JULY, 2009. 1. Heard. 2. The respondents herein had filed complaint in the Court of Judicial Magistrate, First Class, Akola being regular Criminal case No. 454 of 2006 against the petitioners alleging therein that offences under Sections 379, 420, 427 read with Sec. 34 of the Indian Penal Code have been committed by them. The learned Magistrate directed investigation as per Section 156(3) of the Criminal Procedure Code. The report was received by the learned J.M.F.C. Thereafter, the learned J.M.F.C. passed order dated 29/4/2008 and dismissed the complaint holding that no prima facie case is made out against the accused. 2107crn414.09.odt 2/3 3. Being aggrieved by this order dated 29/4/2008 the present respondents filed criminal revision No. 143 of 2008 before the learned Additional Sessions Judge, Akola. The said revision was heard by the learned Additional Sessions Judge and he, by his order dated 01/12/2008 set aside the order of the learned Magistrate and remanded the matter to the Magistrate for decision afresh. It is this order dated 01/12/2008 is under challenge before this Court. 4. I have heard learned Advocates on both sides at the stage of admission. In para 7 of the order dated 01/12/2008, the learned Additional Sessions Judge has observed that without giving any opportunity to the respondents, the learned Magistrate passed the impugned order and dismissed the complaint. Before this Court, the learned Advocate for the applicants made a grievance that sufficient opportunity was given and hence the observations of the learned Additional Sessions Judge are not correct. 5. After having considered the record, I am not inclined to take a different than that has been taken by the Additional Sessions Judge. Para 7 of the order clearly 2107crn414.09.odt 3/3 indicates that as to why the learned Additional Sessions Judge remanded the matter. I am not inclined to interfere in the order passed by the learned Additional Sessions Judge under Article 227 of the Constitution of India and the best course is to dismiss the application. An anxiety was expressed by the learned Advocate for the petitioners that upon remand, the matter would remain pending and hence prayed for early hearing of the matter before the learned Magistrate. This request can be considered. As a result, I am inclined to pass the following order. : The application stands dismissed. However, it is ordered that the learned Judicial Magistrate, First Class, Akola shall consider the report filed before him by the police under Section 156(3) Cri. P .C. and after hearing both the sides, pass appropriate order. This exercise shall be completed by the learned Magistrate on or before 31/12/2009. With these observations, criminal application is disposed of. JUDGE wwl