2808wp306.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 306 OF 2009 Sanjay Bhaurao Mahale and others vs. State of Maharashtra -------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- CORAM:- R. Y. GANOO, J. DATED :- 28TH AUGUST, 2009. Heard Shri R.M. Patwardhan, the learned Counsel for the petitioners and Shri D.M. Kale, the learned APP for the respondent/State. As the matter was called out, the learned Counsel for the petitioners applied for withdrawal of the petition with liberty to take all the contentions before the learned JMFC, Pauni, District Bhandara at appropriate stage. While applying for withdrawal of the petition, he also made prayer that the petitioner Nos.2 to 8 are the directors of the petitioner No.1 and the petitioner No.9 has already appointed the petitioner No.1 as an authorised officer to attend to the criminal case. He submitted that the petitioner Nos.2 to 8 be exempted from remaining present in the Court from time to time. He has submitted that the authorised officer/the petitioner No.1 shall remain present before the Court as per the normal practice. Shri D.M. Kale, the learned APP for the respondent/State , upon instructions from the 2808wp306.09.odt 2/2 concerned officer, informs the Court that Criminal Case No. 167/2007 is pending at the stage of recording of evidence before charge. Statement made by the learned APP is recorded. As applied, the petition is allowed to be withdrawn. The liberty is granted to the petitioners to raise each and every objection as may be permissible in accordance with the provisions of law at appropriate stage. Since the petitioner No.1 is appointed as an authorised officer and a nominee under Section 17 of the Prevention of Food Adulteration Act, 1954 and as the petitioner Nos.2 to 8 are the directors of petitioner No.9, personal presence of petitioner Nos.2 to 8 at every stage of the trial is hereby dispensed with. The learned JMFC, Pauni, if wants the presence of petitioner Nos.2 to 8 or anyone of them for a specific purpose then the learned JMFC shall pass an order in advance. Since the trial pertains to the year 2007, the learned JMFC, Pauni is directed to take up the trial as expeditiously as possible. Writ Petition stands disposed of as withdrawn in above terms. Interim relief granted earlier stands vacated. Criminal Application No. 2042/2009 stands disposed of in view of the disposal of the petition. JUDGE rrg.