((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.116 OF 2009 IN CRIMINAL WRIT PETITION NO.819 OF 2008 Jagdish Dinkar Sail Applicant versus State of Maharashtra & ors. Respondents Shrikant Bhat for applicant in Application No.116 of 2009. Mr.S.R.Borulkar, P.P. with S.S.Pednekar, APP for State. CORAM : A.S.OKA, J. DATE : 28th April 2009 PC : 1. Heard learned counsel for the applicant and learned Public Prosecutor for the State. By order dated 25th February 2009 passed in Writ Petition No.819 of 2008 and other connected matters this Court directed the learned Magistrate to give hearing to all concerned parties and to pass an order on "B" Summary sought by the investigating officer. Time limit of eight weeks was fixed by this Court. 2. By this application a prayer is made for extending the time fixed under order darted ((-2-)) 25th February 2009 by a further period of ten weeks from today. 3. The learned counsel for the applicant stated that the Special Public Prosecutor has not yet completed the submissions. He stated that the learned Magistrate may not find enough time to meet the deadline fixed by this Court as he is holding the charge of seven different police stations. He submitted that the deadline fixed by this Court will expire on 06th May 2009. His submission is that considering the very short time left at the disposal of the Magistrate, he will not be able to give adequate time to the parties who are required to be heard. 4. Under order dated 25th February 2009 the learned Magistrate has been directed by this court to decide the matter within a time bound schedule. If the learned Magistrate is of the view that he may not be able to conclude the hearing and pass order within the time stipulated by this Court, he can always submit a report to this Court seeking extension of time. If such report is made by the learned Judge, all the difficulties faced by the ((-3-)) learned Judge can be certainly considered by this Court and appropriate order can be passed. At the instance of parties, the prayer for extension of time cannot be considered as direction issued by this Court is to the learned Judge. Hence, the prayer made in this application cannot be granted and the application is rejected. However, this order will not preclude the learned Magistrate from submitting the report to this Court for seeking extension of time. (A.S.OKA, J.)