1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.998 OF 2010 IN CRIMINAL APPLICATION NO.2973 OF 2008 Atul s/o Laxman Nakhare ... APPLICANT VERSUS Sabastian G. Marshall s/o Anthony Marshall ... RESPONDENT ..... Shri S.A. Dhengale, Advocate for the applicant Shri S.T. Ghute, Advocate for respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 23rd March, 2010 ORAL ORDER: 1. Heard both the learned respective counsel for the parties. 2. This is an application preferred by the applicant (original complainant/respondent) requesting to take up the Criminal Application No.2973/2008 for final hearing peremptorily. The applicant contends that this Court has passed order on 27.2.2009 and thereby Rule was issued and interim relief was continued during the pendency of the application and direction was issued to call the record and 2 proceeding and liberty was granted to the parties to move for early hearing after receipt of the record and proceeding. The learned counsel for the applicant submits that now the record and proceeding has been received. Hence, the learned counsel for the applicant urges that Criminal Application No. 2973/2008 be taken for final hearing at the earliest. 3. Considering the submissions advanced by learned counsel for the parties, it is reported by the Sheristedar that the record and proceeding has been received from the concerned Court. Hence, since by the order dated 27.2.2009 liberty was granted to the parties to move for early hearing after receipt of the record and proceeding and since the record and proceeding has been received, present application is required to be allowed. 4. In the result, present application is allowed in terms of prayer clause (B) thereof and Criminal Application No. 2973/2008 be listed for final hearing on 3rd May 2010 and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) fmp/cri998.10