The court directed the trial court to dispose of a criminal case involving the petitioner, pending due to allegations of police assault against witnesses, by a specific deadline to facilitate the petitioner's training.
Directed the Chief Judicial Magistrate, Aurangabad to dispose of the criminal case before 15.12.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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942- Cri. W.P. No. 1774-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1774 OF 2019
Sham S/o Rambhau Gaikwad, Age : 31 Years, Occ. Police Constable, R/o. N-9, CIDCO, Aurangabad … PETITIONER
VERSUS
Advocate for the petitioner : Mr. V. B. Jogdand Patil A.P.P for respondent-State : Mr. K. S. Patil
CORAM :T.V. NALAWADE AND S. M. GAVHANE,JJ. DATE : 21.11.2019.
ORAL JUDGMENT [PER T.V. NALAWADE J] :-
Rule. Rule made returnable forthwith. By consent heard both the sides for fnal disposal.
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Indian Penal Code read with other ofences against three accused persons, who were arrested by the police. After that three accused had made allegations of assault on them by some police ofcers. Present petitioner was also named and so the enquiry was held as per the direction given by the learned Principal District Judge, Aurangabad. After the enquiry, it was revealed that there was assault to three accused persons and so case came to be fled against the petitioner and others of the ofence punishable under Sections 324, 323 read with Section 34 of the Indian Penal Code i.e. aforesaid case. Submissions made show that aforesaid three accused, who had made allegations of assault are examined as witnesses in the criminal case. All of them turned hostile.
3 942- Cri. W.P. No. 1774-2019.odt
directs the learned Chief Judicial Magistrate, Aurangabad to see that the case is disposed of expeditiously and in any case before 15.12.2019.
YSK/
1 issue framed by the court
Whether the trial court should be directed to dispose of the pending criminal case expeditiously before 15.12.2019.
2 provisions across 1 enactments
Sham S/o Rambhau Gaikwad
The State of Maharashtra
T.V. Nalawade
S.M. Gavhane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
