1 CriA-4320-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4320 OF 2009 Mr. Padmesh Devji Gupta ... Petitioner Vs/ State of Maharashtra & An. ... Respondents Mr. Akhilesh Choubey a/o Mr. A.Joshi, Mr. mahesh Prajapati & Ms. Saroj Shinde i/b. ABG & Associates, Advocates, for the petitioner. Mr. Y.S.Shinde, APP, for the respondent No.1 - State. Ms. Dimple K. Shah, Advocate for the respondent No.2. CORAM: J.H.BHATIA,J. DATE : 15th July, 2010. P.C. 1. The learned APP for the State makes a statement that pending this Application for quashing the FIR in Crime No.78/2008 registered by Gamdevi Police Station, investigation was completed and charge-sheet has been filed and it is registered as Criminal Case No.110/PW/2009 before the Metropolitan Magistrate, 40th Court, Gamdevi. There is also a counter-case No.109/PW/2009 against the opposite party. 2. In view of this development, the learned Counsel for the applicant seeks to withdraw this Application. However, he makes a request that the trial Court may be directed to expedite the hearing and dispose of both the cases as 2 CriA-4320-09.sxw early as possible as the present applicant is residing in U.K. in connection with his service there. As both the matters are recently instituted, it will not be feasible to direct the earing hearing and within specified period. However, the learned Metropolitan Magistrate may be asked to grant exemption from personal appearance to the applicant unless his presence is absolutely necessary for the trial. 3. The Application stands disposed of as withdrawn. However, the Metropolitan Magistrate, 40th Court, Gamdevi shall grant exemption to the applicant from personal appearance unless his presence is absolutely necessary for trial of the case but he shall be required to appear and furnish bail bonds and thereafter he will be represented by some Advocate on every day. Application stands disposed of. (J.H.BHATIA,J.)