FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.7019 OF 2005 CRIMINAL APPLICATION NO.7019 OF 2005 CRIMINAL APPLICATION NO.7019 OF 2005 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders ------------------------------------------------------- Mr.H.K.Prem for the petitioners. Mr.S.M.Oka, D.S.Modge & J.T.Vora for respondent nos.1 to 6. Mr.S.S.Pednekar APP for the State. Coram : R.S.Mohite,J Date : 27.3.2006. PC 1. This is an application impugning an order of issuance of process under Section 500 and further order passed in revision dismissing the revision. I have perused the revisional order. The same gives cogent and acceptable reasons as to why revisional Court has not interfered with the order issuing process. Two arguments were advanced before me. The first was that the complaint could not be filed by more than one person and a joint complaint was bad in law. Prima facie, : 2 : any word which is in the singular must include plural by the application of Section 13 of the General Clauses Act. It is then sought to be contended that upon plain reading of the circular, exfacie, there is nothing defamatory. This point is debatable. I have read the Circular. This aspect of the matter is not clear and will need evidence. Thus instead of staying the trial and pending the matter for 10 years, I think it would be best that the issue raised would be left to be decided at the time of the trial. In the circumstances, I am not inclined to entertain this application and the same is rejected. 2. I find from the record that there is a private dispute between the members of the religious trust. There are in all 29 accused. In the circumstances, in my view, the matter should be proceeded with : 3 : expeditiously and disposed of without insisting on the presence of the accused persons unless absolutely required. The Advocate for the respondent nos.1 to 6 also states that he has no objection if exemption is granted to all the applicants. In the circumstances, general exemption is granted to all the applicants and the trial will proceed in their absence. Even the plea may be recorded through the Advocate on record. The trial Court will however, be at liberty to ask for the presence of the accused if their presence is specifically required by the Magistrate for any reason. With these observations application stands disposed of. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)