1 appln4250.08.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4250 OF 2008 Prakash Ramchandra Kulkarni. ..Applicant. Vs. State of Maharashtra & Anr. ..Respondents. ­­­­­­­­ Mr.A.J.Dholakia i/b. Neela Dholakia for applicant. Mr.K.V.Saste, APP for State. Mr.S.J.Shelke for Respondent No.2. ­­­­­­­­ CORAM : B.R.GAVAI, J. DATE : MARCH 22, 2010. P.C. 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present application, the Applicant takes exception to the order passed by the learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai dated 6 th September, 2007 thereby rejecting the Application filed by the prosecution for converting the case into warrant case. 3. Present Application is filed by the original complainant. It is 2 appln4250.08.sxw submitted that the application is rejected only on the ground that since the trial has commenced, the application is not tenable. 4. On perusal of Section 259 of Cr. P.C., it reveals that application for converting summons case into warrant case has to be filed during the trial of the summons case. In that view of the matter, the ground on which the application filed by the prosecution has been rejected, is totally erroneous. As a matter of fact, application has to be entertained only during pendency of the trial. 5. In the circumstances, the impugned order passed by the Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai dated 6 th September, 2007 is set aside. The learned Metropolitan Magistrate is directed to reconsider the application filed by the prosecution for converting the summons case into warrant case on its own merits. In the fact of the case, the learned trial Court is directed to expedite hearing of the application. 6. Rule is made absolute in the aforesaid manner. No order as to costs. [ B.R.GAVAI, J ] 3 appln4250.08.sxw