1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No. 271 of 2009 ( Mrs. Disha w/o Amit Lokwani .vs. State of Mah. And ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. Shyam Dewani, Advocate for Petitioner. Mr. P.D. Kothari, APP for Respondent no.1. None appears for Respondents 2 to 5 though served. .......... CORAM : P.D. KODE, J. DATED : JULY 3, 2009 Heard. The present petition under Section 227 of the Constitution read with Section 482 of the Code of Criminal Procedure has been filed by complainant in RCC No.3679/2008 pending in the court of JMFC, Court No.8 at Nagpur for directing said Court for deciding application moved by her for grant of permission to engage private counsel and permitting her to conduct prosecution and so also for issuing direction for further investigation in said case. She has also prayed for giving direction for expediting said trial as stated in prayer clause 2 of petition. 2 The learned counsel for the applicant having stated that he is pressing the petition only for prayer clause (i) and hence taking into account the limited issue involved in this petition, it is felt appropriate to decide this petition at admission stage. The limited prayer for which the petition has been pressed is not opposed by learned APP for State. The petition discloses that wife of respondent no.2 and daughter-in-law of respondents no. 3 and 4 and sister-in-law of respondent no.5 has lodged complaint on 19.9.2007 with Kotwali Police Station. Upon said complaint, Police has registered Crime No. 254/2007 for commission of offence under Section 498-A read with Section 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. During the course of investigation, respondents no.2 to 5 were released on the anticipatory bail. As a result of investigation, said Police had filed charge sheet in the Court of JMFC, Court No.8, Nagpur against respondent nos.2 to 5 for commission of such offences. Upon said charge-sheet Regular Criminal Case No.3679 of 2008 was registered in said Court. After presentation of charge sheet, said case has been posted on 31.7.2009. In the meanwhile, the petitioner - wife-complainant has preferred an application under Section 302 of the Code of Criminal Procedure and so also another application under Section 156 (3) read with Section 173 (8) of the Code of Criminal Procedure. 3 It is the grievance of learned counsel for petitioner that considering significance of matters stated in application with right of applicant of getting fair opportunity to place appropriately her case before Court, it was necessary to hear and dispose said application as early as possible for advancing cause of justice. However, instead of acting accordingly, the lower court had posted same for the date on which the said case is fixed. The learned counsel has urged hence the petitioner approached to this Court for giving a directions prayed in the petition. After considering the matters stated in the application and significance of the same with the trial pending before the lower Court, there appears substance in submission of said application deserving consideration as early as possible. The same appears accordingly in view of apparently same appears to have been preferred in anxiety of complainant for placing her case in appropriate manner before Court. Having regard to same and having regard to principle that justice is not only required to be done but same also must appear to have been done. Learned JMFC Court No.8 seized with Criminal Case No. 3679 of 2008 is hereby directed to consider the applications dated 3.3.2009 preferred by the petitioner as expeditiously as possible in accordance with law. However, it is clarified that learned JMFC should decide the same without being influenced of 4 giving of such a direction and nothing in this order should be construed of any opinion being expressed about merits of matters stated in said application by giving such direction. Petition stands disposed of accordingly. JUDGE halwai