3 cria142.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 142 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.S. SHINDE, J. DATED : 03.03.2011 Mr. A.S. Zarekar, Advocate for the applicant. Mr. N.V. Gavare, Advocate for the respondents. 1. Heard learned Counsel for the applicant and learned Counsel for the respondents. 2. The learned Counsel for the applicant invited my attention to the contents of the application and submitted that the complainant could not attend on two dates which were fixed by the Trial Court for the reason that complainant herself was ailing and her daughter died on 28.08.2010. He invited my attention to the contents in para 5 of the application and submitted that this Court may take lenient view and quash and set aside the order dated 07.08.2010 in Criminal Case 3 cria142.11 STC No. 323 of 2007, passed by the learned J.M.F.C., Ahmednagar and restore the same to its original file. 3. On the other hand the learned Counsel for the respondents submitted that the daughter of the complainant died on 28.08.2010. However, the impugned order is dated 07.08.2010. Not only that, but the complainant remained absent on earlier dates of hearing also. Therefore, the reasons which are given in the application could not be read to conclude that the complainant was ailing or due to death of daughter of the complainant, she could not attend the proceedings on the dates which were fixed by the Trial Court. 4. I have given due consideration to the submissions of the learned Counsel appearing for the applicant and learned Counsel appearing for the respondents. In my opinion, upon reading contents of the application and in particular para 5 of the application, the view taken by the Trial Court is hyper technical view and after all the complainant is not going to be benefited by keeping herself absent 3 cria142.11 from the proceedings. A plausible explanation has been offered by the applicant. 5. The learned Counsel for the applicant further assures this Court that henceforth whenever the Trial Court will fix the date, the complainant will attend the Court regularly. 6. In that view of the matter, the application is allowed. The impugned order dated 07.08.2010 is quashed and set aside. Complaint S.T.C. No. 323 of 2007 is restored to its original file. 7. The Trial Court to fix the date. As assured by the Counsel for the original complainant, the complainant will not remain absent henceforth on the date fixed by the Trial Court. 8. The Criminal Application stands disposed of. [S.S. SHINDE,J.] snk/2011/FEB11/cria142.11