[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 46 OF 2007 CRIMINAL WRIT PETITION NO. 46 OF 2007 CRIMINAL WRIT PETITION NO. 46 OF 2007 Vikas Dattaram More ..Petitioner V/s The State of Maharahtra ..Respondent. Mr. Subhash Jha with Santosh Thakur and Ms. Bindu Parikh, Advocates i/b M/s Law Global. Mrs. S.R.Shinde, A.P.P.for the State. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. DATE : 17TH JANUARY, 2007. DATE : 17TH JANUARY, 2007. DATE : 17TH JANUARY, 2007. P.C. . Heard Mr. Jha, the learned Counsel for the petitioner and Mr. S.R. Shinde, A.P.P. for the respondent, State. 2. The petitioner is facing trial in Criminal Case No. 510/2003 pending on the file of Chief Judicial Magistrate, Thane. It is the offence punishable under Section 498A of IPC and was registered on the basis of the complaint lodged by wife of the present petitioner. Present petitioner is settled abroad and in fact, he is living abroad since prior to his marriage. Earlier the [2] petitioner could not appear, the trial was started and his father, mother and uncle were acquitted all charges after the trial. It is reported that wife of the petitioner is also presently abroad and is not available in India. According to the petitioner, he has to come to India to attend the said case but if the trial of the case does not come to an end. It may cause a lot of convenience to him. According to him, he is coming to India from U.S.A. for two weeks from 22nd January, 2007. The matter is already listed for final hearing on 22nd January, 2007. His limited prayer is that the learned trial Court may be directed to expedite the hearing and dispose off the criminal case within two weeks and in the alternative he may be permitted to be represented by the Advocate during the trial and his personal presence before the Court may not be insisted upon except when it is absolutely essential. 2. Mr. Shinde, learned A.P.P. concedes the request and in view of the fact that the petitioner has to come from U.S.A. to India to attend the case under section 498A of IPC, the prayer is not unreasonable. 3. For the aforesaid reasons, the petition is [3] allowed in terms of prayer clauses (a) and (b). The learned Magistrate shall make every endeavour to expedite the hearing and dispose off the matter within two weeks from 22nd January, 2007. The matter is already fixed and in case for any circumstance beyond control the matter cannot be disposed of within the said period, the learned Magistrate shall dispense with the personal attendance of the petitioner, at the time of trial, and he may be allowed to be represented by his Counsel. However, this exemption will not be applicable when his personal presence is absolutely essential, for example for recording the statement of accused under section 313 of Cr.P.C. or delivery of judgment. 4. The petition stands disposed of. 5. The concerned parties to act on the authenticated copy of this order. (J.H. BHATIA, J.) (J.H. BHATIA, J.) (J.H. BHATIA, J.) [4]