1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPLN) No. 1958 of 2010 (Ramesh S/o. Anandrao Kadu & ors. Vs. Sau. Shobha W/o. Ramesh Kadu & ors.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. N. Khare, Advocate for the applicants. Mrs. A.R. Taiwade, A.P.P. for the respondent no. 3/State. CORAM : Prasanna B. Varale, J. DATED : 20th April, 2011. Heard. By the present application, the grievance of the applicants is that an application [Exh.86], dated 07/10/2008, was moved by the accused before the learned Judicial Magistrate First Class, Court No. 7, Wardha, for re-fixing the case for evidence before the charge. Mr. Khare, the learned advocate for the applicants, in view of the application [Exh.86], which is placed on record at page no. 7, submits that in the matter which was instituted on the complaint of one Sau. Shobha Kadu, there were eight accused. Out of them, accused no. 5 viz. Ramesh Nistane, is released on bail. It was submitted in the application [Exh.86] that the complainant Sau. Shobha Kadu and one other witness viz. Ankush Mahalle were examined without securing the presence of accused no. 5 Ramesh Nistane. It was further submitted in the application [Exh.86] that without securing the presence of all the accused, the evidence before charge is taken which is against the procedure. Therefore, on these ground, a prayer was made in the application [Exh.86] to re-fix the case for evidence before the charge. The learned advocate Mr. Khare submits that the application [Exh.86] is moved on 07/10/2008 and as per his instructions, the same is still pending for decision and no orders are passed as yet. 2 In view of these facts, it appears that the present application revolves around a short premise of non-deciding the application [Exh.86] by the learned Magistrate. As such, the present application can be disposed of by giving direction to the learned Judicial Magistrate First Class, Wardha, to decide the application [Exh.86] in accordance with the provisions of law. In the result, the present application is allowed in terms of prayer clause [1]. The learned Judicial Magistrate First Class, Court No. 7, Wardha, is hereby directed to decide the application [Exh.86] in accordance with the provisions of law, as early as possible, if it is not already decided. The Criminal Application is disposed of accordingly. JUDGE Sandesh