[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1129 OF 2008 Sau.Bharati Aamagonda Patil and Anr. ..Petitioners Vs. Raosaheb Dhanpal Dhulasawant and Ors. ..Respondents ... Mr.Pratap Patil advocate for petitioners Mr.Umesh P.Mankapure Adv. for Respondent no.1-orignal complainant Mr.Y.M.Nakhwa A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioners-original accused and the learned advocate for the respondent no.1-original complainant. 2. The petitioners are facing prosecution in RCC No.12 of 2003 which is pending before the learned Judicial Magistrate, F.C. Jaisingpur, Dist. Kolhapur. The said case is under Sections 406, 420 and 500 r.w. 34 of IPC. [-2-] 3. The petitioners preferred an application before the trial Court that they should be granted permanent exemption from personal appearance before the trial court. The said application came to be rejected by the learned Judicial Magistrate F.C. by order dated 22.2.2008, hence, this petition. 4. It is seen that both these petitioners are ladies. Petitioner no.2 is a young married woman having minor child of two years. A statement is made on behalf of both the petitioners on instructions that they do not have objection if the trial is conducted in their absence and they will not dispute their identity. In this view of the matter, I am inclined to pass the following order: ORDER 5. The learned Magistrate shall grant exemption to both petitioners from personal appearance, however, if the learned Magistrate is of the opinion that on a particular date the personal appearance of the petitioners is necessary, on notice being given to the petitioners, they shall remain present before [-3-] the Court on that date. If petitioners fail to remain present on the date indicated by the learned Magistrate, it would be open to the Magistrate to take such steps as deemed fit in accordance with law. 6. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]