1 wp3437-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.3437 of 2010 Seema Prakash Awasekar .. Petitioner v/s. Prakash Hariprasad Awasekar ..Defendant Mr.S.N.Deshpande for the petitioner None for the respondent. CORAM : R.Y.GANOO, J. DATED : 28th March, 2011 P.C. : 1. The respondent is facing criminal trial in the Court of 3rd Joint Judicial Magistrate, I Class, Pandharpur (Hereinafter referred to as learned Trial Judge) in STC No.6337 of 1999. The petitioner is wife of the respondent. The petitioner has filed an application at Exhibit 67 praying that the trial be conducted in camera under Section 327 of the Code of Criminal Procedure. This application is rejected by the learned trial Judge by Order dated 14.10.2010. 2. I have heard learned Counsel appearing on behalf of the petitioner. 2 wp3437-10.sxw The respondent is absent. Since the petitioner and respondent are husband and wife, looking to the nature of allegations, which the respondent is facing, as also looking to the fact that the petitioner is required to give evidence. It will be proper if the recording of evidence so far as the petitioner is conducted in Camera. The Court is informed that the near relatives of the petitioner are also going to be examined in support of the case of the prosecution. In my view, it would be proper to hold recording of evidence of the near relatives of the petitioner in camera. 3. In view of the above, the following order is passed to dispose of this petition. ORDER i) The Order dated 14.10.2010 passed by the learned 3rd Joint Judicial Magistrate, I Class, Pandharpur, below application at Exhibit 67 in STC No.6337 of 1999 is set aside. ii) The learned 3rd Joint Judicial Magistrate, I Class, Pandharpur is directed to record evidence of the petitioner and the near relatives of 3 wp3437-10.sxw the petitioner in camera. The order of stay of the trial stands vacated. iii) The petitioner to file copy of this order before the learned 3rd Joint Judicial Magistrate, I Class, Pandharpur to enable him to fix the date of hearing. Petition is disposed of accordingly. [R.Y.GANOO, J.]