1 (Cri app 211 of 2010 in wp 1699 of 2010 with cri appln 338 of 2010 in wp. 2629 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 211 OF 2010 IN CRIMINAL WRIT PETITION NO. 1699 OF 2010 WITH CRIMINAL APPLICATION NO. 338 OF 2010 IN CRIMINAL WRIT PETITION NO. 2629 OF 2010 M/s. Rajat Pharmachem Ltd. & Ors. ...Applicants/ Petitioners Vs. State of Maharashtra and Anr. ...Respondents ----- Mr.Nitin Pradhan a/w. Mr.Avinash Singh Gautama a/w. Ms.Dhwani Mehta i/b. M. Dhruva and Partners for Applicants/Petitioners Mr.A.S.Shitole -APP for the State (in Cr.W.P. 1699 of 2010) Mr. D.R. More -APP for the State (in Cr.W.P. 2629 of 2010) Mr.Benny Joseph a/w. Mr. Hemant Prabhulkar i/b. Juris Consultus for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 18TH NOVEMBER, 2010 2 (Cri app 211 of 2010 in wp 1699 of 2010 with cri appln 338 of 2010 in wp. 2629 of 2010) P.C. 1. The Learned Counsel appearing on behalf of the Petitioners seeks leave to withdraw this petitions. 2. It is, however, submitted that the Petitioners may be exempted from appearing in the Trial Court and the questions which are raised in these petitions may be kept open with a direction to the Learned Magistrate to decide the criminal case on merits and in accordance with law after taking into the consideration the contentions raised by the Petitioners in these petitions. 3. The learned counsel appearing on behalf of the Respondent No.2 submits that the trial may be expedited. 4. Accordingly, the writ petitions are allowed to be withdrawn. However, the Petitioners are exempted from appearing in the Trial Court. The plea of the Petitioners may be recorded through their advocate. Their statements under section 313 of Cr.P.C. may also be recorded through their advocate as per the procedure laid down under section 313(5) of Cr.P.C. 3 (Cri app 211 of 2010 in wp 1699 of 2010 with cri appln 338 of 2010 in wp. 2629 of 2010) provided that the Petitioners give an undertaking that they will not dispute their identity or correctness of the answers given to the questions asked under section 313 of Cr.P.C. The learned Magistrate may follow the procedure laid down under section 313(5) of Cr.P.C. It is, however, clarified that if the Petitioners or their advocate do not remain present in the Trial Court on more than two dates, the learned Magistrate may cancel the exemption which is granted by this Court. The hearing of the trial is expedited. 5. The applications are, accordingly, disposed of in the aforesaid terms. Warrant issued by the Trial Court is cancelled. Writ Petitions are also disposed of in the aforesaid terms. The Learned Magistrate shall dispose of the complaint as expeditiously as possible and, in any case, within a period of one year. (V.M. KANADE J.)