1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.262 OF 2006 CRIMINAL WRIT PETITION NO.262 OF 2006 CRIMINAL WRIT PETITION NO.262 OF 2006 Mr.Fazlur Rehman Mohammed Husain ...Petitioner Mr.Fazlur Rehman Mohammed Husain ...Petitioner Mr.Fazlur Rehman Mohammed Husain ...Petitioner Vs. Vs. Vs. The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent ----- ----- ----- Mr.Prakash Naik Adv. for Petitioner Mr.Prakash Naik Adv. for Petitioner Mr.Prakash Naik Adv. for Petitioner Dr. F.R.Shaikh, A.P.P. for State Dr. F.R.Shaikh, A.P.P. for State Dr. F.R.Shaikh, A.P.P. for State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 P.C. P.C. P.C. 1. We have heard learned Counsel for the 1. We have heard learned Counsel for the 1. We have heard learned Counsel for the Petitioner who is the accused in Criminal Case Petitioner who is the accused in Criminal Case Petitioner who is the accused in Criminal Case No.44/P/2003 pending before the 32nd Court of No.44/P/2003 pending before the 32nd Court of No.44/P/2003 pending before the 32nd Court of Metropolitan Magistrate, Bandra. It is pointed out Metropolitan Magistrate, Bandra. It is pointed out Metropolitan Magistrate, Bandra. It is pointed out that the trial has already commenced and the oral that the trial has already commenced and the oral that the trial has already commenced and the oral depositions of witnesses have been recorded. Fresh depositions of witnesses have been recorded. Fresh depositions of witnesses have been recorded. Fresh witness summons were issued on 18th January 2006 or witness summons were issued on 18th January 2006 or witness summons were issued on 18th January 2006 or earlier thereto and the concerned witness is not earlier thereto and the concerned witness is not earlier thereto and the concerned witness is not traced. The police have submitted report before us traced. The police have submitted report before us traced. The police have submitted report before us aswell to State that the witness is not traceable. We aswell to State that the witness is not traceable. We aswell to State that the witness is not traceable. We have also noted that the statement under Section 313 have also noted that the statement under Section 313 have also noted that the statement under Section 313 of Cr.P.C. has also been recorded. of Cr.P.C. has also been recorded. of Cr.P.C. has also been recorded. 2. We therefore direct that the trial in Criminal 2. We therefore direct that the trial in Criminal 2. We therefore direct that the trial in Criminal Case No.44/P/2003 presently pending before the Court Case No.44/P/2003 presently pending before the Court Case No.44/P/2003 presently pending before the Court of the learned Metropolitan Magistrate, 32nd Court, of the learned Metropolitan Magistrate, 32nd Court, of the learned Metropolitan Magistrate, 32nd Court, Bandra be expedited and completed within a period of 6 Bandra be expedited and completed within a period of 6 Bandra be expedited and completed within a period of 6 2 months from today. months from today. months from today. 3. Petition is disposed of i terms of the above 3. Petition is disposed of i terms of the above 3. Petition is disposed of i terms of the above directions. directions. directions. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)