1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 892 OF 2008 Talibshah s/o Bhikan Shah, Petitioner Versus 1 The State of Maharashtra 2 Sikandar Budhan Shaikh Respondents Mr.S.J.Salunke, advocate for the petitioner. Mr.Dilip Bankar Patil, A.P.P. For Respondent No.1-State. Mr.P.P.Khandagale Patil, advocate for Respondent No.2. CORAM: R.M.BORDE, J. DATE : 09th June, 2009. ORAL ORDER: 1 Respondent No.2 lodged information with Police Station Vaijapur on 12.06.2008 against the petitioner alleging commission of offence punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code. 2 It transpires from perusal of the record that investigation is completed and charge sheet is already presented to the Court. The petitioner is enlarged on ball, however, at the instance of informant a condition is imposed in respect of surrender of his Passport and Visa before the Judicial Magistrate, First Class, Vaijapur, till conclusion of the trial. 2 3 The Ad hoc Additional Sessions Judge, Aurangabad, in view of order dated 18.10.2008, has already issued a direction to the Judicial Magistrate, First Class, Vaijapur, to dispose of the case within a period of three months. However, it appears that the first informant presented an application for transfer of case from one Magistrate to another and as such, the case could not be disposed of within stipulated period. The transfer application tendered by the first informant is already disposed of in the month of February 2009 and criminal case is assigned to another Magistrate. It does appear from record that recording of examination-in- chief of the first informant is already over and the matter is posted for cross examination. It is necessary for the first informant to make himself available on the next date prescribed in the matter for hearing. The first informant shall cooperate with the Court for early disposal of the case. In the facts and circumstances of this case, interest of justice would be served if the trial Magistrate is directed to take up the case on day-to-day basis and dispose of same within one month from today. 4 With these directions, writ petition stands disposed of. Needless to say that the first informant shall cooperate for early disposal of the matter and in the event of non cooperation on the part of first informant, learned trial Magistrate is free to adopt the course available as per law. (R.M.BORDE) JUDGE ******* adb/criwp89208