-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION WRIT PETITION NO.2124 OF 2007 Santosh S/o Dube ..Petitioner Vs. State of Maharashtra & Ors. ..Respondents ... Mr.A.M.Saraogi Advocate for Petitioner Mr.M.S.Mohite with Rahul Arota Advocate for Respondent No.2 Smt.P.H.Kantharia APP for State ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 29, 2008 DATE : FEBRUARY 29, 2008 DATE : FEBRUARY 29, 2008 P.C. P.C. P.C. 1. Heard Mr.Saraogi, the learned advocate for the Petitioner. 2. The grievance of the Petitioner is that his brother succumbed to death because of the treatment given by Doctor who was not qualified. The post mortem was carried out by one Dr.Ruia. However, the post mortem notes have been signed by Dr.Dere and therefore, he says that Dr.Ruia should have been cited as a witness. Since the Petitioner is complainant and informant, all these aspects can be -2- brought to the notice of the Sessions Court if desired. 3. What we find is that the sessions trial is over except one witness and the Petitioner has continuously followed the proceedings at every stage. He has approached to the authorities and have tried to obtain information which shows that the Petitioner was knowing every aspect of the matter. He has filed the belated petition in order to stall the Sessions trial. 4. We therefore, refrain to entertain the petition. Petition is rejected. Interim stay granted by this Court stands vacated. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]