IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2163 OF 2007 Smt.Shakuntala Syam Sunder Mankani & Ors... ......Petitioners V/s State of Maharashtra ...... .....Respondent. Mr.A.P.Mundargi with Mr.Vikram Trivedi and Faisal Sayyed, i/by M/s.M.K.Ambalal & Co., Adv. For the petitioners. Mr.A.G.Sabnis with Hitesh Vyas Adv. For the respondent No.2. Ms.P.P.Shinde, APP for the State. CORAM: A.P.DESHPANDE, J. 21/2/08 PC: The petitioners are being prosecution for commission of an offence punishable under section 498A and 506 read with section 34 of IPC. Various submissions are made with a view to substantiate the contention that the prosecution of the petitioners is only with an intent to harass them as they are residents of Dubai. During the course of arguments it is stated that the charge sheet is already filed and the present petitioners have yet not moved an application for discharge. As there exists an alternate efficacious remedy to the petitioners in the form of making an application for discharge I decline to entertain the present writ petition at this stage. It is pointed out that compelling the petitioners to attend the trial on each date would put them to utmost inconvenience and hardship. It is also submitted that an application seeking 1 permanent exemption has been filed in the trial Court but as yet no orders are passed thereon. Learned counsel for the respondent in all fairness submits that they would not insist on attendance of the petitioners before the trial Court so long as the smooth trial is ensured. The said statement of the learned counsel on behalf of the respondents is accepted. In the peculiar facts and circumstances of the present case and in view of the statement made by the learned counsel for respondents I do not find any justification to insist upon the presence of the petitioners before the trial Court and the trial Court shall dispose of pending application claiming exemption of the appearance of the petitioners in the light of observations made in this order. With this writ petition is summarily dismissed. Needless to mention that all the questions raised in the present writ petition are left open to be agitated before the trial Court. 21.2.08 2