- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO.46 OF 2008 IN CRIMINAL WRIT PETITION NO.769 OF 2007 The State of Maharashtra. .. Applicant Vs. Ramesh Ranchhoddas Joshi & Ors. .. Respondents -- Shri S.R.Borulkar, PP with Smt.S.D.Shinde, APP for the Applicant. Shri Ramesh R.Joshi, Respondent No.1 in person. -- CORAM : SRI R.M.S.KHANDEPARKAR & SRI A.A.SAYED, JJ DATED : 22ND FEBRUARY, 2008 P.C. 1. Heard the learned PP for the applicant/original respondent-State as well as the Doctors, who had issued certificates to the Shri Ambadas Bhika Pawar, the concerned police officer of Samta Nagar Police Station as also the respondents-original petitioners in person. Perused the records pertaining to the treatment to the concerned police officer at the government hospital as - 2 - well as entry in the station diary dated 28th January, 2008 pertaining to the fact that the concerned police officer had to leave the police station on account of he being unwell. 2. Upon hearing the learned PP for the State and the original petitioners in person and perusal of the records as well as on hearing the Doctors concern, we are satisfied that for the reasons beyond control of the concerned police officer, he was unable to attend the Court on 29th January, 2008. Therefore, the learned PP was justified in requesting for recall of the order dated 29th January, 2008 to the extent of imposition of costs. As far as other observations are concerned, they do not call for recall as, irrespective of the fact that the concerned police officer was not well on 29th January, 2008, he could have certainly informed the Incharge of the police station to make necessary arrangement for giving necessary instructions to the Government Advocate in the matter so that he could have avoided the adjournment of the matter on 29th January, 2008. 3. In the circumstances, though the absence of the concerned police officer on 29th January, 2008 is justified, he ought to have taken necessary steps to - 3 - inform the police station to ensure the presence of a police personnel to give necessary instructions to the Government Advocate to assist the Court in the hearing of the matter and to avoid adjournment of 29th January, 2008. 4. For the reasons stated above, therefore, the order dated 29th January, 2008 to the extent it imposes of costs of Rs.1,000/- is hereby recalled. Order accordingly. The application stands disposed of. 5. In view of the order passed today, the amount of costs of Rs.1,000/- already deposited shall be refunded to the applicant. ( R.M.S.KHANDEPARKAR, J ) ( A.A.SAYED, J )