Shri Shyamsunder Radheshyam Agarwal v. The State of Maharashtra & Anr.

Mr.Rajendra Raghuvanshi i/b. Mr.Sandesh D. Patil for the Petitioner. Mrs.P.P. Shinde, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 14, 2011 P.C. :- 1 Heard Mr.Raghuvanshi with Mr.Sandesh Patil, the learned Counsel for the petitioner. 2 It appears that one Abdul Jabbar Abdul Gafur in his capacity as the Constituted Attorney of Mr.Shahnawaz Khan has filed Criminal Case No.333/2011 in the Court of the learned Judicial Magistrate, First Class, at Thane and impleaded the petitioner as sat 2 wp 1799-2011 accused no.1. The learned Judicial Magistrate passed an order on 7th May, 2011 in the said complaint and directed investigation under Section 156(3) of Cr.P.C. 3 Mr.Raghuvanshi, the learned Counsel submitted that for the same complaint, two separate cases have been filed, one by Mr.Shahnawaz Khan and the other by Abdul Jabbar Abdul Gafur as a Constituted Attorney of the Mr.Shahnawaz Khan, and they were placed before the same court. It appears from the order passed by the learned Judicial Magistrate, First Class, that he was aware of the first complaint filed by Mr.Shahnawaz Khan. 4 Be that as it may, the petitioner has the remedy to challenge the order dated 7th May, 2011 and therefore, the petition is disposed with liberty to file a criminal revision application against the order dated 7th May, 2011. However, it is directed that no coercive steps will be taken against the sat 3 wp 1799-2011 petitioner in connection with CR No.M/3/2011 for a period of two weeks from today. 5 We make it clear that the relief granted to the petitioner is not under Section 482 of Cr.P.C. and any application filed before the Court below, including an application for bail, shall be heard and decided on its own merits and without being influenced by this order. (U.D. SALVI, J)

(B.H. MARLAPALLE, J)