(1) CRI.WP. 334.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 334 OF 2010 Anil Nivruti Jadhav and ors. .. Petitioners VERSUS The State of Maharashtra and anr. .. Respondents Mr. R.N. Dhorde, Advocate h/f. Mr. S.B. Jadhav, Advocate for the Petitioners Mr. B.J. Sonawane, APP for the respondent-State Mr. Patel Shaikh Ashpak Taher, Advocate for the respondent no.2 ... CORAM : V.R. KINGAONKAR, J. DATED : 2ND SEPTEMBER, 2010 ORAL ORDER:- 1. Heard. 2. The chargesheet is filed after due investigation. The applicants are original accused against whom offences under section 498-A, 323, 504 and 506 r/w. 34 of the Indian Penal Code are registered. There are statements of witnesses recorded during the course of investigation. The respondent no.2 narrated that she was ill treated and subjected to matrimonial cruelty by the applicants. (2) CRI.WP. 334.2010 3. Learned counsel Mr. Dhorde submits that applicants no. 3 to 7 are not concerned with the incident of matrimonial cruelty. He points out that other applicants are women and young brother of the applicant no.1. It appears that the applicants no. 5 to 7 are unmarried and married sisters of the applicant no.1 and are roped in though they are not residing together with him. 4. Still, however, at such a premature stage the question of complicity and common intention of the applicants cannot be determined. There appears no substantial reason to stall the trail at this premature stage. Hence, the Application is dismissed. However, the learned Magistrate shall expedite the hearing of the Criminal Case and make serious endeavour to dispose of the same at earliest. The learned Magistrate shall also grant personal exemption to the applicants 3 to 7 during the course of trial unless their presence is found necessary for the purpose of identification or for the purpose of (3) CRI.WP. 334.2010 recording their statements under section 313 of the Code of Criminal Procedure, by invoking powers under section 205 of the Code of Criminal Procedure as and when the exemption application is moved by them. Sd/- [V.R. KINGAONKAR, J.] arp