A. K. SIKRI, J.

( 1 ) THE petitioners are wife and child of the respondent No. 2 herein. According to the averments made in this petition, they have been deserted by the respondent No. 2. Petitioners, in these circumstances, have filed an application under Section 125, Cr. P. C. which came up for preliminary hearing on 17. 7. 2006. The Court of learned MM has issued notice to the respondent No. 2, returnable on 25. 5. 2007, i. e. , to a date which is more than 10 months after the first hearing. It is alleged that the petitioner No. 1 and her Counsel pleader for a shorter date, but the learned Magistrate refused to accede to this request of the petitioner and, therefore, the petitioners are before this Court.

( 2 ) NO doubt, the Magistrates are burdened with heavy work and, therefore, normal ly it becomes difficult for the Magistrates to give short dates. However, that would not justify issuing of notice for a date after 10 months. At the same time, nature of particular proceedings have to be borne in mind and if in a given case urgent hearing is required, preference is to be given to such case and short dates are to be given. In this case the petitioners state that they are desti