( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 827 OF 2009 Pallavi w/o. Mahesh Pathak .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Shri A.G. Kulkarni, Advocate for the petitioner. Shri B.V. Wagh, A.P.P. for respondent No.1/State. Smt. N.S. Ghanekar, Advocate for respondent Nos. 2 to 6. CORAM : P.R. BORKAR,J. DATED : 06.01.2010 P.C. :- 1. Rule. Rule made returnable forthwith. With consent of learned advocates appearing for the parties, this writ petition is heard finally at the stage of admission. 2. Heard Adv. Shri A.G. Kulkarni for the petitioner, A.P.P. Shri B.V. Wagh for respondent No.1 and Adv. Smt. Ghanekar for respondent Nos. 2 to 6. 3. This writ petition is challenging the order passed ( 2 ) by the 4th Jt. Judicial Magistrate, First Class, Aurangabad, in R.C.C. No. 1673 of 2008 below application Exh.24 on 21.08.2009, whereby said application for adjournment was rejected. In the application it is stated that the complainant/present petitioner Pallavi was not feeling well. She had been ill since 19.08.2009 and she was advised rest for 15 days. Therefore, it was prayed that the matter may be adjourned. The learned Magistrate observed in the order that the charge was framed against the accused on 09.02.2009 and since then matter was adjourned for evidence from time to time and in-spite of summons, the complainant was avoiding to appear in person. The learned Magistrate did not find the medical certificate reliable and hence the application was rejected. 4. Since the original application is regarding offence punishable under section 498-A of the I.P.C., in my opinion, the evidence of complainant is of much importance. Therefore, this writ petition is allowed. The order passed by the learned Magistrate on 21.08.2009 is hereby set aside. The complainant is directed to appear before the Trial Court on 18.01.2010 when the matter is fixed for hearing and ( 3 ) thereafter, regularly remain present whenever her presence is required by the Court. 5. With above said directions this writ petition is allowed. The petitioner shall pay costs of Rs. 1000/- (Rupees One Thousand Only) to the advocate for respondent Nos. 2 to 6 as costs of this petition. 6. Rule made absolute accordingly and petition stands disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/crwp827.09