rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 613 OF 2008 CRIMINAL APPLICATION NO. 613 OF 2008 CRIMINAL APPLICATION NO. 613 OF 2008 Varsha Gopinath & Ors. .. Applicants V/s. The State of Maharashtra .. Respondent Mr.A.H.H.Ponda i/b.Mulla & Mulla for the Applicants. Mr.S.R.Shinde, A.P.P.-State. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. P.C.:- P.C.:- P.C.:- . This Criminal Application takes exception to an order dated 24th August, 2007 passed by the Sessions Judge rejecting the Criminal Revision Application No.988 of 2006. The present Applicants are the Reporter, Photographer and Dy.Editor of a daily News paper Mid-Day. The offence has been registered against the Applicants with Malbar Hill Police Station under sections 419, 448, 452 read with section 109 and 34 of Indian Penal Code. The charge-sheet has been filed in the Court for the above referred offences. The present Applicants called in question the order issuing process by filing of Revision before the Sessions Judge. The Sessions Judge has mainly rejected the Revision on the ground that the order of issuing process has not been called in question in Revision. On perusal of the Revision Petition of the Applicants, 2 it reveals that the Revision seeks to challenge the legality, propriety and correctness of the order of issuing summon dated 17th June, 2006 in case No. 74/PW/06. No doubt, the mention of the date is incorrect. However, in substance there is a challenge to the order of issue of summons. As the charge-sheet has already been filed, it would be appropriate for the present Applicants to move the Application for discharge under section 239 of Criminal Procedure Code. No useful purpose would be served by remanding the matter to the Sessions Judge. The learned counsel appearing for the Applicants submit that the Applicants would move the application for discharge before the Trial Court and the Trial Court be directed to expeditiously dispose of the same. I am informed that the trial is now fixed on 8th April, 2008 and the Applicants would be moving an application for discharge on 8th April, 2008. A further prayer is also made for granting exemption to the Applicants from personal appearance before the Trial Court till the application for discharge is disposed of. 2. The learned A.P.P. has no objection for the same. This criminal Application is disposed of with liberty to the Applicants to move an application for discharge under section 239 of Criminal Procedure Code 3 before the Trial Court. The Applicants shall file the said application on 8th April, 2008 and the Trial Court shall proceed to decide the same as expeditiously as possible. Till the decision of the discharge application, the present Applicants are exempted from personal appearance before the Trial Court. However, it is made clear that for smooth progress of the case Applicants shall ensure presence of the advocate on behalf of the present Applicants. The application is disposed of accordingly. (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.)