1 18.wp.3313-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3313 OF 2010 Mohan Krishnan Kurup. ..Petitioner. Vs. State of Maharashtra. ..Respondent. .......... Mr.Sushan Kunjuraman, Advocate a/w. Mr.Mahesh Kadam, Advocate for the Petitioner. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 25th JANUARY, 2011. P.C. 1. In this Petition, the primary grievance is about the delay in conclusion of the trial. The admitted facts, which can be culled out from the Petition and the reply affidavit, it appears that recording of evidence of PW-1 was completed on 27.4.2006, however, no progress has been made thereafter in the trial. The justification seems to be that the person who was to be examined as PW-2 is not traceable after his part examination dated 27.4.2006. The said witness has gone missing and is untraceable. That does not justify the inaction of the prosecution to produce the witness. As over four years have elapsed since the last material date of 27.4.2006 and no progress has been made by the trial PPD 2 18.wp.3313-10 Court, we would dispose of this Petition with direction to the trial Court to call upon the prosecution to produce their other witnesses and if in the meantime the PW-2 becomes available his recording of evidence can be continued further. However, if the PW-2 cannot be produced by the prosecution within reasonable time, the trial Court will pass appropriate order as may be advised in accordance with law. Since the trial is pending from 2002, we hope and trust that the trial Court will take up this matter as expeditiously as possible and if no older matter than the present case is pending before the concerned Court, present case be proceeded on day to day basis by the trial Court and recording of prosecution evidence be completed accordingly. 2. Petition is disposed of with the above observations. 3. Learned A.P.P. assures on behalf of the instructing Police Officer who is present in Court that this order will be brought to the notice of trial Court not later than 1st February, 2011 through Public Prosecutor in the trial Court for issuance of appropriate directions as may be required. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)