1 WP : 2731/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2731 OF 2010 Mr. Oan Ali Zaheed & Anr. ... Petitioners Vs. The State of Maharashtra & Anr. .... Respondents Mr. Niranjan Mundargi with Prashant Gavli and Renuka R. Laxmeshwar for petitioners. Mrs. A.S. Pai, APP for State. S.I. Joshi i/by S.I. Joshi & Co. for respondent no.2. Coram : Smt. R.P.SondurBaldota, J. Date : 19th July, 2011 P.C. 1. Mr. Mundargi states in fairness that the only question that remains for consideration of the court in the present petition is whether the learned Magistrate ought to have followed the procedure under Section 202 Code of Criminal Procedure and postponed the issuance of process. Learned counsel for respondent no.2 points out that even this question has been settled by the decision of this Court in Rajiv Banga vs. L and T 2 WP : 2731/2010 Finance Company Limited and another (Writ Petitions No.1238 of 2010 and 1239 of 2010) wherein it has been held that the provision of Section 202 Cr.PC is only directory and not mandatory. Therefore, this question no longer remains res- integra. Hence, the writ petition is dismissed. 2. Both the counsel point out that while dismissing similar petitions between the same parties, the trial has been expedited and the petitioners are exempted from appearing in the trial Court. Mr. Mundargi requests for similar directions to be passed in this petition also. Hence, the same directions are issued in this petition also. The trial in CC No.4948 of 2009 is expedited. The petitioners are exempted from appearing in the trial Court. Their statement under Section 313 Cr.P.C. may be recorded through their Advocate, as per the procedure laid down under Section 313, Sub-clause (5) Cr.P.C., provided that the petitioners give an undertaking that they will not dispute their identify and correctness of the answers recorded in their statement under Section 313 Cr.P.C. The trial Court shall follow the procedure laid down under Section 313(5) while recording the statement under Section 313 and shall follow the guidelines laid 3 WP : 2731/2010 down by the Apex Court in Keya Mukherjee vs. Magma Leasing Limited and another. If the petitioners counsel remain absent on two dates, exemption granted by this Court may be cancelled by the learned Magistrate by passing appropriate order. (Smt. R.P.SondurBaldota, J)