1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.2997 OF 2010 Rima Singh @ Rima Shahi ...Petitioner. v. The State of Maharashtra & Ors. ...Respondents. Mr. Rajendra Sorankar i/by Tanmayee Salekar, advs. For the Petitioner. Mr.Y.M.Nakhwa, APP For the Respondent No. 1/State. Shri Rajesh Shahi-in-person-Respondent No.2 present in Court. CORAM : J.H. BHATIA, J. DATED : DECEMBER 23, 2010 P.C. 1 Heard the learned counsel for the petitioner and the respondent no.2 in person. Earlier criminal writ petition no.2871 of 2009 filed by the same petitioner was disposed off by this Court by the order dated 4th August, 2010 with certain directions. One of which was that witnesses to be called to prove any document shall also be examined within period of two months from that date. It appears from the order dated 6.10.2010 passed by the trial Court that father of the petitioner had died and, therefore, she appeared for the first time on 27th August sought adjournment and thereafter on 22nd September she made an application for witness summons. It was partly allowed but summons were not collected by the petitioner for the service in spite of undertaking given 2 by her to serve. Evidence of the petitioner herself has been completed but it appears that on 6th October, the trial Court closed the trial on the ground that period of two months was over. In fact, in the given circumstances, the learned Magistrate should have brought facts to the notice of this Court and sought extension of time if because of death of father of the petitioner, she was required to seek adjournment and witnesses could not be served. She could not be deprived of right to examine witnesses. 2 Therefore, trial Court is hereby directed to re-issue summons to whom, he has directed to issue by his order dated 22nd September. The petitioner shall collect said summons and serve to the concerned witnesses. Matter be fixed for evidence before the trial Court after 17th January, 2011 by giving at least two weeks time to the petitioner to serve witnesses. 3 Petition stands disposed off accordingly. (J.H. BHATIA,J.)