* 1 * W.P. 178.2011 3.2.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 178 OF 2011 Supratim Swapan Choudhari ...... Petitioner V/S. State of Maharashtra .... Respondent * * * * * * Mr. Bhavesh Parmar and Mr. A. Roy i/by. Roy’s Law Firm, Advocate for the petitioner. Mr. P.S. Hingorani, APP for the respondent­State. Coram : Smt. R.P. SondurBaldota, J. 3 February, 2011. P.C. : 1. This petition is filed to challenge the orders dated 10th January, 2010 passed by the learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai on the applications for adjournment dated 2nd December, 2010 and 10th January, 2011 filed by the petitioner. The reason stated in the applications for * 2 * W.P. 178.2011 3.2.2011 adjournment were, pendency of two proceedings, one being the transfer application pending before the Chief Metropolitan Magistrate and the other being Criminal Revision Application preferred in the Sessions Court, Mumbai against the charges framed against him. There is no dispute that the Sessions Court, while admitting the Criminal Revision Application, had rejected the oral application made for stay of the proceedings before the trial court. It appears that after the refusal of the stay application, an application for transfer came to be filed before the Chief Metropolitan Magistrate. Be that as it may be, since the application for transfer is pending, in fairness, the learned Magistrate should not be allowed to proceed with the complaint. It appears that the anxiety on the part of the learned Magistrate in proceeding with the complaint, by refusing adjournments is due to the order passed by this Court expediting hearing of C.C. No. 3012/PW/2009. 2. The learned counsel for the petitioner, on a query from the Court, states that the petitioner is agreeable for de­expediting the hearing of C.C. No. 3012/PW/2009. This order is required in view of the pendency of the two proceedings filed by the petitioner himself. * 3 * W.P. 178.2011 3.2.2011 Mr. Parmar, states that the transfer application is posted tomorrow for hearing before the learned Chief Metropolitan Magistrate and the trial Court has kept the case for evidence on 5th February, 2011. In that circumstance, the petition is disposed off with the following order. 3. The Court of Chief Metropolitan Magistrate will hear the application for transfer and dispose the same off within a period of 2 weeks from today. The Court of Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai will not take up the case for hearing for a period of 2 weeks from today. The case will not be treated as an expedited case and will be taken up for trial in regular course. [Smt. R.P. SondurBaldota, J]