1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No.640 of 2008 [Mrs. Linata Milind Kulkarni Vs. Milind S. Kulkarni] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. Linata Milind Kulkarni, Petitioner-in- Person. ----- CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 06th January, 2009. 1. Heard. 2. It appears that the Principal District Judge, Nagpur, before whom Misc. Criminal Application No. 252 of 2007 was filed, has posted the case for recording evidence of the petitioner. 3. Petitioner has approached this Court making a grievance that the Judge ought not to have done so, and should have decided the case on the basis of the contents of the application, as now argued before us, based on solemn affirmation done at the foot thereof. 4. The petitioner – party-in-person - has expressed that Court may not hear her. 5. We are of the view that nothing is brought on record to show or suggest that the learned Judge has reserved the case for orders 2 without hearing the petitioner. On the other hand, the case is fixed for recording statement of the petitioner and it follows that the learned Judge was bound to hear the petitioner. 6. We hope and believe that the petitioner does not lead the learned Judge to believe that the petitioner is not willing to record her statement. 7. No doubt, it is the choice of the petitioner to offer her evidence. If she does not lead evidence or co-operate in the enquiry, learned Judge would be free to proceed according to law. 8. Petitioner has failed to demonstrate that the proceedings are misdirected due to any error of law or jurisdiction. 9. The petition is devoid of any merit and is, therefore, dismissed. 10. Certified copy of this order is expedited. Judge Judge |Hedau| 3