IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2820 OF 2008. APPLICATION NO.2820 OF 2008. APPLICATION NO.2820 OF 2008. Mr. Ashutosh Vasudev Chitale & Ors. ..Petitioners. versus The State of Maharashtra & Anr. ..Respondents. .... Mr.N.V. Gangal, for the Petitioners. Mr.D.P.Adsule, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 21ST AUGUST,2008. : 21ST AUGUST,2008. : 21ST AUGUST,2008. P.C. 1. The only prayer made in this Application under section 482 of the Code of Criminal Procedure, 1973 is for a direction to the learned Trial Judge to dispose of a regular criminal case of the year 2006 expeditiously in a time bound schedule. It is stated that the Applicant No.2 who is a Doctor by profession is suffering from Cancer, which is at the advanced stage. It is stated that the present age of the third Applicant is 78 years. It is submitted that the first informant (the second Respondent) is filing various applications and proceedings for delaying the trial and the Applicants are suffering. My attention - 2 - has been invited to averments made by the second Respondent in the application dated 6th August 2008 and order passed thereon by the learned Trial Judge. It is submitted that considering the tactics adopted by the second Respondent, the trial will never proceed. 2. I have carefully considered the submissions. The order dated 6th August 2008 passed by the Trial Judge clearly records that an adjournment cannot be granted to the prosecution and on the next date, all prosecution witnesses will have to be kept present. The said order itself shows that the learned Trial Judge is keen on ensuring that the trial proceeds. The case is of the year 2006. 3. As of today, no case is made out for issuing any direction to the learned Trial Judge, as it is apparent from the order dated 6th August 2008 that the learned Trial Judge is taking all possible steps to ensure that the trial proceeds. 4. The second and the third Applicants can - 3 - always apply for exemption and if such application is made, the Trial Court is bound to consider it in accordance with the law. 5. Subject to what is observed above, no case is made out as of today for issuing any further direction and the Application is accordingly rejected. No order as to costs. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]