FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.204 OF 2010 Suresh Vithal Medhekar Versus State of Maharashtra & Ors. _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.Nimish Desai with Ms.Navina Desai for applicant Mr.A.M.Rana respondent No.2 in person Mr.D.R.More, APP CORAM : S.C. DHARMADHIKARI, J. DATED : 27th JANUARY, 2010. PC :- 1. Heard. 2. There is no reason to interfere with the order passed by the 3rd Additional Sessions Judge, City Civil Court on 19th December 2009 which is impugned in this petition. 3. It is stated that the order is contrary to the direction given by this Court in Criminal Writ Petition No.1240 of 2009 dated 7th October 2009. 4. After carefully perusing the order passed by this Court with the assistance of Mr.Desai, I do not see how the learned Judge is prohibited by any direction in this order or the legal provisions in question from conducting preliminary enquiry. It is the same court to which the matter is remanded which is holding preliminary enquiry. That is permissible on a combined reading of section 340 and 341 of Cr.P.C. Instead of allowing the court to conduct the preliminary enquiry and thereafter, proceed in accordance with law, the petitioner has challenged the said order. This will only delay proceedings further. 5. Petition is misconceived and is accordingly dismissed. Sessions Court to complete the preliminary enquiry within four weeks from today. (S.C.Dharmadhikari, J.)