1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.741 OF 2009 Mr.Harshvardhan Shipping Pvt.Ltd.& Ors. ...Applicants vs The State of Maharashtra Starlite Lighting Ltd. ...Respondents Mr.Amit Jamnotkar for the applicants Mr.Y.S.Shinde , A.P.P for State Mr.S.R.Naidu for respondent 2 CORAM :A.S.OKA,J. DATE : JUNE 26, 2009 P.C. 1 This application was extensively argued on 18th and 25th June 2009 and today, the same was kept for passing the order. 2 The learned counsel for the applicants on instructions states that the applicants desire to unconditionally withdraw this application but a permission may be granted to produce certified copy of the final report under section 173 of the Code of Criminal Procedure,1973 submitted by the Senior Inspector of Police, M.R.A.Marg Police station on 26th January 2003 in C.R.17/2002 and order dated 7th June 2003 passed thereon by the learned Magistrate granting `A summary. He stated that except for production of a certified copy of this document, the applicants do not desire to produce any evidence by way of their defence. He states that the 2 applicants do not desire to examine anyone as a defence witness. The learned counsel for the complainant on instructions states that a copy of the final report is already placed on record but a copy of the order passed by the learned Magistrate on 7th June 2003 is not placed on record. 3 As the counsel for the applicant on instructions stated that the applicants do not desire to lead any oral or documentary evidence and as the present application is being unconditionally withdrawn, a permission is granted to the applicant to produce the certified copy of the aforesaid report dated 26th January 2003 and the order dated 7th June 2003 passed thereon by the learned Magistrate. The learned counsel for the applicant states that the said document will be produced on the next date i.e. 18th July 2009. 4 Hence, I pass the following order : i)Application is dismissed as withdrawn. ii)The applicants are permitted to produce aforesaid documents before the trial court on 18th July 2009 and no further time shall be granted by the trial court to the applicants to produce the said documents. iii)Considering the fact that the complaint is of the year 1999, and considering the fact that 3 repeatedly this court has expedited the hearing of the complaint, the learned Magistrate will proceed to hear the arguments in the complaint on 18th July 2009. iv)The complaint shall be disposed of on or before 31st August 2009. v)All contentions of the parties on merits of the complaint are expressly kept open. JUDGE