IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION MISC. APPLICATION NO. 154 OF 2009 IN CRIMINAL WRIT PETITION NO. 2492 OF 2008 M/S. ALPHA EXPORT .. PETITIONER (Prop.Hemant Kumar Jain) (Org. Complainant). v/s. State of Maharashtra & Ors. .. Respondents. --- Mr. Hemant Kumar Jain in -person present. Mr. H.J.Dedhia, APP for the State. Mr. Mohanty i/by M/s. Mohanty & Associates for Respondent No.3. --- CORAM : A. S. OKA, J. DATE : JUNE 15, 2009 P. C. :- 1. The case of the applicant/petitioner appearing in person is that what remains to be done further by the learned trial Judge is recording a statement of the accused under section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “The said Code”) The learned counsel appearing for the respondent no.3 has placed on 2 record his reply and states that for challenging the order of this court dated 23rd March, 2009 the third respondent has filed a special leave petition before the Apex Court and the said petition is still pending. The learned counsel appearing for the third respondent further states that the Apex Court is closed for summer vacation and the date for hearing of the said special leave petition has not been fixed. 2. As the special leave petition is pending, for a reasonable time the learned Magistrate will have to postpone the trial. It is clarified that if order of stay of the Apex Court is not produced by the third respondent on or before 31st of July, 2009, the learned Magistrate will immediately proceed further and will record statements of the accused under section 313 of the said Code. Since the complaint is of the year 2000, as far as possible, the learned Magistrate will not grant adjournment and will proceed with the case. No further direction is necessary at this stage. 3. Criminal Application is accordingly disposed of. (A.S.OKA,J.) .....