: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.339 OF 2008 PETITION NO.339 OF 2008 PETITION NO.339 OF 2008 Shyam Sunder Vittal Joshi & Ors....Petitioners V/s. State of Maharashtra ...Respondent Mrs.Teja Katdare, Advocate, for the Petitioners. Ms.S.D. Shinde, APP, for the Respondent-State. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 2ND MAY, 2008. : 2ND MAY, 2008. : 2ND MAY, 2008. P.C.: P.C.: P.C.: 1. Admit. By consent taken up for hearing forthwith. 2. The facts leading to the petition are rather peculiar. The petitioners are facing criminal trial before the Judicial Magistrate First Class of Kankavli in C.C. No.99 of 2004. Earlier this case was pending before the Judicial Magistrate First Class, Sindhudurg at Deogad. The offences alleged against the petitioners are serious and they are of cheating and forgery. It is said that the petitioners forged the rubber stamp of the Tahasildar, Deogad etc. The charge was framed in the year : 2 : 2003, but despite the seriousness of the charge, the prosecution could not start recording of evidence, except recording deposition of one panch witness, nor they could produce the original documents. 3. On the other hand the petitioners-accused have been attending the case for more than last four years. The petitioners moved their application under section 248 of the Cr.P.C. and urged the learned Magistrate to acquit them. The learned Magistrate rejected their application saying that it is not a case of negligence on the part of the prosecution but it is clear from the impugned order that the original documents are not traceable at the moment. The prosecutor has been hunting for the documents and that recently one police constable sent a report that he had handed over the documents to one clerk working at Deogad Court. 4. This state of affair is a clear indication that the prosecution has not been keenly following up the case, preserve the documents etc. In view of the seriousness of the case, it was necessary for the learned : 3 : Magistrate to compel the prosecutor to pursue the matter more vigorously. 5. I think it is necessary to issue appropriate directions so that the prosecution would take further steps promptly and the Court would be able to dispose of the case as early as possible. I think I should direct the learned Magistrate to take up the case in time bound frame. 6. The learned Magistrate at Kankavali shall dispose of the Criminal Case No.99 of 2004 within one year from today. No further time will be granted. 7. In view of the above order, the Petition stands disposed of. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]