1 (Crim wp 2018 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2018 OF 2010 M/s.Rajesh Construction Co. and Anr. ...Petitioners Vs. The State of Maharashtra ...Respondent ----- Mr. P.D. Pise and Mrs.Archana Kologi for Petitioners Mrs. M.R. Tidake -APP for the State. ----- CORAM: V.M. KANADE J. DATED: 11TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioners. 2. The Petitioners are challenging the order passed by the J.M.F.C., Kolhapur, who was pleased to allow the application filed by the heirs of the Complainant and permitted them to be brought on record. 3. It is submitted that the Learned Magistrate, however, did not take into consideration the objection raised by the present Petitioners-Original Accused and it is, therefore, submitted that the said order may be set aside and matter may be remanded back. 2 (Crim wp 2018 of 2010) 4. I have perused the impugned order. In my view, there is no infirmity in the said order passed by the Trial Court. I have also perused the Say filed by the accused in the Trial Court. The only objection raised by the accused in the Trial Court was that the Complainant had remained absent on many days and, therefore, the complaint ought to have been dismissed under section 256 (2) of the Criminal Procedure Code. It is also stated in the said application that in the event of the death of the Complainant, the accused should be acquitted. 5. In my view, there is no substance in the submission made by the learned Counsel for the Petitioners and, therefore, no case is made out for interfering with the order passed by the Learned Magistrate. 6. Criminal Writ Petition is, therefore, dismissed and disposed of. (V.M. KANADE J.)