1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1941 of 2010 Ishwar Tukaram Tembhre ..VERSUS.. State of Maharashtra, through P.S.O., P.S. Ramnagar, Chandrapur and others Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. V. Sirpurkar, Advocate for the applicant. Mr. M. J. Khan, A.P.P. for non-applicant no.1/State. Mr. A. P. Mane, Advocate h/f Mr. Anil S. Mardikar, Advocate for non-applicant nos.2, 3, 6 to 16. CORAM : Prasanna B. Varale, J. DATED : 26 th April , 2011 . Heard. A very short point involved in the present application is that a grievance was made by the applicant that as the presence of Shri Maroti Dhengle, who was the Investigating Officer, was not secured, the matter was delayed and prolonged. It is not in dispute that the case is quite old. Mr. Khan, learned APP for the State has filed the reply and invited my attention to the subsequent development mentioned at paragraphs 4 and 5 of the reply, which reads thus : “4. It is submitted that the concerned Investigating Officer Mr. Maroti Dhengle was required from his service in the year 2008. The efforts were made to trace out the Investigating Officer, Maroti Dhengle for producing him before the concerned Court for adducing his evidence. It is further specified that Mr. Maroti Dhengle, Investigating Officer in the said matter appeared before J.M.F.C, Chandrapur presided by Presiding Officer Mr. Yadav on 2 25.3.2011 that day the concerned court did not recorded the evidence of the said witnesses Mr. Maroti Dhengle as order of say of the said proceeding is operating in the matter of this Hon'ble High Court. The next date thereafter was on 7.4.2011 and now the case is fixed on 20.4.2011. 5. It is submitted that the concerned witness Maroti Tukaram Dhengle, Investigating Officer in the said matter is ready to adduce his evidence on behalf of the State before the concerned J.M.F.C. Court but due to operation of interim order by this Court, the learned J.M.F.C. has not recorded the evidence of the said witnesses.” In view of above, the learned Advocate for the applicant fairly submits that his grievance is now redressed and the present application can be disposed of with a direction to the learned Magistrate to proceed with the matter including examination of the witnesses, in accordance with the provisions of law, in view of the fact that presence of Maroti Tukaram Dhengle is now secured. In view of these facts, the interim order passed by this 14/12/2010 is vacated. No further order except the direction referred above is needed. Criminal Application is disposed of accordingly. JUDGE Diwale