vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.305 OF 2008 WRIT PETITION NO.305 OF 2008 WRIT PETITION NO.305 OF 2008 Vijaya Vishwanath Hiremath ... Petitioner V/s. State of Maharashtra & Anr. ... Respondents Mr.Subhash Jha for Petitioner Mr.P.A. Pol, APP, for State Mrs.Manjula Rao for Respondent No.3 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 30, 2008 JUNE 30, 2008 JUNE 30, 2008 P.C.: P.C.: P.C.: . The petition has been filed for an expeditious hearing of the trial pertaining to C.C. No.1070/SS/2005 pending before the Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. The petitioner is 79 years of age and has contended in the petition that because of her age, the trial should be expedited. It appears that the petitioner’s husband who is now deceased was the original complainant in the matter. The petitioner therefore submits that the trial be expedited especially in view of her advanced age. 2. The learned counsel appearing for the accused respondent submits that the trial has been prolonged only because of the absence of the complainant and her advocate on several occasions right from 2002 onwards. : 2 : She points out that the trial has already been expedited in 2003 but the petitioner and her advocate for reasons best known to them have remained absent on several dates. She, therefore, submits that the trial Court cannot be faulted for not completing the trial as yet. 3. In my view, although the Roznama shows that the complainant had been negligent in remaining present and after his demise the petitioner and her advocate have from 2003 onwards have also remained absent on various occasions before the trial Court, despite the trial being expedited, it would be in the interests of justice to direct the trial Court to complete the trial as expeditiously as possible. This order would be advantageous not only to the petitioner who is of advanced age but also to the accused who have the sword of Damocles hanging on them endlessly from April 1999. 4. The petition is disposed of with a direction to the trial Court to hear the matter expeditiously. This obviously means that the complainant and her advocate would cooperate with the trial Court in expeditious disposal of the complaint.