1 wp-2891-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2891 OF 2010 Mrs. Kiran Patki .. Petitioner Versus Mumbai Municipal Corporation .. Respondents and another Mr. Bharat Vaishnawa for the Petitioner Ms. Seema Rawade for the BMC Mr. Rajesh More, APP for the State CORAM : N. D. DESHPANDE, J. DATE : 9th February, 2011 P.C.: 1. Heard both the sides. 2. This petition is filed mainly for cancellation of the non- bailable warrant issued against the petitioner who is facing trial before the Court of Metropolitan Magistrate, 41 st Court, Shindewadi, Dadar in Case No. 3382/MB of 2006. It is also prayed for quashing the said proceedings on certain grounds. The prosecution is initiated as told, on a complaint of the Municipal Corporation. The petitioner has a, office in the same building without permission. Nothing injustice at this stage is found in the present prosecution. There is another petition filed by her against the Corporation in the same subject matter. Her request for cancellation of warrant, therefore, cannot be considered in this petition. However liberty is granted to 2 wp-2891-10 the petitioner to surrender before the trial Court. In the result, petition is disposed in the following terms and conditions. i. Execution of the non bailable warrant issued by the Metropolitan Magistrate on 2.8.2010 in Case No. 3382/MB of 2006 is stayed till 17 th February, 2011. ii. Petitioner shall appear before the Metropolitan Magistrate, on before 17th February, 2011 and may file an application for cancellation of warrant and apply for bail. The said application shall be considered and decided on such terms and conditions which the learned Magistrate deem fit. iii. The petitioner shall cooperate in the trial. iv. The petitioner is at liberty to make an application under section 205 Cr.P.C. seeking exemption from personal attendance whenever there is difficulty to appear before the Court which shall be considered on its own merits by the trial Court. v. Intimation be given to the concerned police station that the petitioner will be surrendering in the trial Court and therefore, there is no need to execute the warrant till 17 th February, 2011. ( N. D. DESHPANDE, J. )