1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRI. APPLICATION NO. 2112 OF 2009 Prabhudayal s/o Bhagwandas Bhargav & ors. Vs. State of Maharashtra & other ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Mr. J.M. Gandhi, Advocate for the applicants. Mr. D.M. Kale, A.P.P. for the non-applicant No.1. Mr. M. Shareef, Advocate for non-applicant No.2 CORAM:- R. Y. GANOO, J. DATED :- 10th AUGUST, 2009. 1. As the matter was called out, I have heard learned Advocates of both sides. After some discussion learned Advocate for the petitioner applied for withdrawal of this petition. He, however, requested that the learned Judicial Magistrate First Class , Court No.3, Nagpur may be requested to dispose of the trial as early as possible. 2. The request for withdrawal of the petition can be granted. So far as the early trial is concerned, the request is fair. The petitioner can make an application to the Judicial Magistrate First Class, Court No.3, Nagpur requesting for early trial and such a request shall be considered by the learned Magistrate First Class, Court 2 No.3, Nagpur keeping before him his workload. So far as the trial is concerned, the learned Advocate Mr. Shareef states that if the learned Magistrate decides to take up the trial his client will co-operate. 3. In view of the above, following order is passed. Petition is allowed to be withdrawn. Petitioner shall make an application to the learned Judicial Magistrate First Class, Court No.3, Nagpur praying therein that the trial of Regular Criminal Case No.3514/2008 be heard expeditiously. Once such an application is made the learned Judicial Magistrate First Class, Court No.3, Nagpur shall consider the workload before him and pass an appropriate order and take up the trial if he wants to expeditiously attended to. Both Advocates before me submitted if the trial is to be taken early, they will co-operate with the learned trial judge. JUDGE pma.