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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

CRIMINAL WRIT PETITION NO.2598 OF 2009

Dr.Shankar Nath Acharya & Ors.

: Petitioners

(Orig.Accused Nos.1 to 3)

V/s.

State of Maharashtra & Anr.

: Respondents

...

WITH

CRIMINAL WRIT PETITION NO.2599 OF 2009

Mr.Venkattu Srinivasan & Anr.

: Petitioners

(Orig.Accused nos.5&6)

V/s.

State of Maharashtra & Anr.

: Respondents

...

AND

CRIMINAL WRIT PETITION NO.2622 OF 2009

C. Jayaram

: Petitioner

(Orig.Accused no.4)

V/s.

State of Maharashtra & Anr.

: Respondents

....

Mr.Shirish Gupte with Mr.Ashok Mundargi, Senior Advocates, with

Mr.Sunil Manohar, Mr.Akshay Patil, Mr.Faisal Sayeed, Mr.Mayur

Bhojwani and Mr.Vikrant Singh i/b. M/s.Manilal Kher Ambalal & Co.,

for the petitioners.

Mr.H.J.Dhedia, Addl. Public Prosecutor for the State.

Mr.Niteen Pradhan with Mr.A.H.H.Ponda i/b. Ms Smita Vora for

respondent no.2.

...

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CORAM : B.R. GAVAI, J.

DATE : APRIL 26, 2010.

P.C.:

Rule, returnable forthwith.

The learned counsel for the respective respondents waive service.

Heard by consent.

2.

By way of the present petitions, the petitioners challenge the

order dated 11.8.2009 passed by the learned Chief Judicial Magistrate,

Solapur, thereby issuing process in the complaint filed by the respondent

no.2. It is the contention of the petitioners that the petitioners are residing

beyond the territorial jurisdiction of the learned Magistrate at Solapur

and, as such, he could not have issued process without following

mandatory requirements of the ameded provisions of section 202 of the

Cr.P.C. The learned single Judge of this Court in Amarnath Baijnath

Gupta v. Mohini Organics Pvt. Ltd., reported in (2009) All M.R. (Cri.)

184, has taken the view that in view of the amended provisions of section

202 of the Cr.P.C., when the accused are residing beyond the territorial

jurisdiction of the Magistrate before whom the complaint is filed, the

learned Magistrate before issuing the process is required to hold an

inquiry as deemed fit by him and until such period, the issuance of

process is to be postponed.

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3.

Admittedly, in the present case, the process has been issued

without following the requirements of section 202 of the Cr.P.C.

4.

In that view of the matter, the rule is made absolute in terms of

prayer clause (b). The matters are remitted back to the learned

Magistrate, Solapur, for taking further steps, in accordance with the

provisions of section 202 of the Cr.P.C.

5.

Needless to state that this Court has not considered the merits of

the matters and the petitions are allowed only in view of non-compliance

with the statutory requirements of section 202 of the Cr.P.C.

B. R. GAVAI, J.