1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.616 of 2010 (Mr. Gajanan s/o Vitthalrao Khawase and others ..vs. State, Police Station Officer, P.S. Karanja (Ghadge) and another) ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri Rajnish Vyas, Advocate for the applicant, Shri J.B. Jaiswal, A.P.P. for the non-applicants. CORAM : R.G.KETKAR, J. DATED : 14 th DECEMBER, 2010 . 1. Heard Shri Rajnish Vyas, learned Counsel for the applicants and Shri J.B. Jaiswal, learned A.P.P. for the non-applicants. 2. Though non-applicant No.2 is duly served, none appears for her. 3. By this application, the applicants have prayed for quashing and setting aside Regular Criminal Case No. 70/2009 pending before the learned Judicial Magistrate First Class, Karanja (Ghadge), Wardha, as also for stay of further proceedings in that case. 4. Shri Rajnish Vyas pointed out that in so far as applicant No.4-Raju Vitthalrao Khawase is concerned, the nature of his disabilities is physiological mental retarded person. His permanent disability due to said deformity is about 40%. In support of this submission, he invited my attention to Certificate dated 15-6-1995 issued by the Medical Officer, Class-2, General Hospital, Chandrapur 2 (Annexure-XII/Page 73), as also Identify Card issued to applicant No.4 (Annexure-XIII/Page 75)), where in clause No.6, it is recorded that he is mentally retarded person and degree is 40%. Shri Vyas states that applicant Nos. 2, 3 and 5 will file appropriate application seeking exemption before the learned Magistrate. He, however, prayed that in so far as applicant No.4 is concerned, his presence may be exempted unless otherwise required by the learned Magistrate. He further assures that the applicants will co- operate fully for disposal of the case. He states that if these prayers are granted, he will not press this application. 5. Request made by the learned Counsel for the applicants is reasonable. In the result, Criminal Application No.616/2010 is allowed to be withdrawn with liberty to applicant Nos.2 ,3 & 5 to file appropriate application seeking exemption before the learned Magistrate. If such application is made, the learned Magistrate shall consider the same in accordance with law and pass appropriate orders. As far as applicant No.4 is concerned, his presence is exempted unless otherwise required by the learned Magistrate. The applicant No.4 shall appear as and when ordered by the learned Magistrate. The applicants shall co-operate fully for the disposal of the case. Application is dismissed as withdrawn. JUDGE pma