1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.478 OF 2010 Purnima Laxman Naik & Anr. .. Petitioners. Vs. State of Maharashtra & Ors. .. Respondents. Ms.Gunjan Shah i/b Mr.H.V.Kode for the petitioners. Mr.Y.M.Nakhawa A.P.P. for the State. Mr.S.L.Prabhu for respondent nos.4 and 5. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 15TH MARCH, 2010 P.C. . Heard learned counsel for the applicant and respondent nos.4 and 5 and learned A.P.P. for the State. 2. On last occasion i.e. 8.3.2010 the following order was passed: “The grievance of the petitioner is that chapter proceedings are initiated against them without any reason. We do not want to express any opinion on the merits of the case at this stage. However, we expect the police to complete the chapter proceedings in accordance with law after considering the two replies filed by the petitioners. If evidence of the petitoiner is required the petitioners will have to co-operate with the police. Learned counsel for the petitioner states that the petitioners shall co-operate. However, a grievance is made by the petitioner is that they are made to wait for 4/5 hours in the police station. If this is 2 true, we deprecate this practise of the police. A citizen cannot be made to sit in the police station and wait for hours together. Learned APP on instructions of Police officer, who is present in the court has denied this.” 3. This court is informed that hearing of the chapter proceedings is in progress and, according to learned A.P.P., the proceedings should get over within a period of two weeks from today, provided the petitioners do not seek adjournment on frivolous grounds. Learned counsel for the petitioners submits that the petitioners will not seek unnecessary adjournments and co-operate for disposal of the chapter proceedings within a period of two weeks from today. The statements of the learned counsel for the parties are accepted. In view thereof and considering the aforesaid order passed by this court we deem it appropriate to dispose of this writ petition by the following order: If the order passed by the Special Executive Magistrate, before whom hearing of the chapter proceedings is in progress, is adverse to the petitioners, the same shall remain stayed for a period of one week from the date of passing of the order. It is open to the petitioners to challenge the said order in appropriate proceedings. It is needless to state that during pendency of the chapter proceedings, no coercive action be 3 taken against the petitioners. However, it is made clear that if the petitioners do not co-operate for disposal of the chapter proceedings within a period of two weeks from today and/or for securing their presence, if the learned Magistrate is required to pass any order, including issuance of warrant against them, this order shall not preclude him from passing such order. With these observations the writ petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)