1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.393 of 2000 State of Mah. .. .. Applicant (Orig. complainant) v/s. Prakash Patil & ors. .. .. Respondents (Orig.Accused) Mrs.A.A. Mane, APP for State. None for Respondents. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 30th November 2009 P.C. : 1.The State has challenged the order of the learned Special Judge of Thane, dated 11.8.2000, allowing the Application for discharge of the accused upon the Application of the accused to close the prosecution evidence as the evidence was not recorded 3 years after the framing of the charge. The learned Special Judge has relied upon a judgment in the case of Raj Deo Sharma vs. State of Bihar, AIR 1999 SC 3524 and closed the case. That judgment has been overruled by the Supreme Court. The Supreme Court has directed all those cases to be tried. 2.Hence the Criminal Revision Application can be disposed 2 of by passing directions as follows:- (i)The order of the learned Special Judge dated 11.8.2000 is set aside and the case is remanded to the learned Special Judge. (ii)The learned Special Judge shall record the evidence of all the witnesses of the prosecution and the defence, if any, upon the charge that has been framed in Special Case No.30 of 1992. Respondent No.1/accused shall be given notice of this order since he has not been represented. (iii)The Respondents shall appear before the learned Special Judge on the date fixed for hearing. The learned Special Judge shall procure the presence of the Respondents in accordance with law. 3.The Criminal Revision Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)