Disposed

Arun Hindurao Sawant v. the State of Maharashtra

Bombay HC12 Aug 2021WP/260/2020

Case brief

AI extract

What is this about?

The court held that the prolonged pendency of a criminal trial prejudiced the petitioner's pension rights. It directed the Metropolitan Magistrate to dispose of the case within six months and ordered the petitioner to cooperate fully without seeking adjournments.

What did the court decide?

Directed the Met. Magistrate, Railway Court to dispose of Criminal Case No.1388/PW/2013 within six months; directed petitioner to cooperate and not seek adjournments.

Arun Hindurao Sawant Vs the State of Maharashtra — Civil Procedure and Limitation | Bombay HC (2021)

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13-wp-260-2020.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 260 OF 2020

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Shri Arun Hindurao Sawant
Age : 60 years; Hindu,
Occupation : Retired,
R/at : 2/D/70, Ekatmata Nagar,
Next to Jain temple, J.B. Nagar,
Andheri (E), Mumbai...Petitioner
vs.
1) State of Maharashtra
(through Andheri P. Station)
CR No. 255/12
2) Smita S. Sawant
R/at : 2/B/24, Ekatmata Nagar,
Next to Jain temple, J.B. Nagar,
Andheri (E), Mumbai...Respondents

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Ms.Babita P. Pandey for petitioner.
Msr.S.D. Shinde, APP for respondent No.1-State.
Mr. Kunal Ambulkar i/b Mr. Omkar P. Mulekar for respondent No.2.

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CORAM :S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE :12th AUGUST, 2021

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PC :

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1. Heard the learned counsels for the parties.

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Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2021.08.13 11:13:20 +0530

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2. The principal grievance in this petition is that Criminal Case

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No.1388/PW/13 is pending before the learned Metropolitan Magistrate, Railway Court at Andheri, Mumbai, for more than eight

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Shraddha Talekar, PS

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13-wp-260-2020.doc

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years and the pendency of the said proceedings is operating to the
prejudice of the petitioner, who is a retired employee of Brihan
Mumbai Municipal Corporation. The petitioner is deprived of
pensionery benefits.

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3.In the backdrop of the said grievance, by an order dated 10th
March 2021, this Court had called report from the learned
Metropolitan Magistrate, Railway Court, who is seized with Criminal
Case No.1388/PW/2013. In the communication dated 13th March
2021, the learned Metropolitan Magistrate, Railway Court, has
reported that the charge was framed on 8th December 2020 and the
matter came to be posted for recording evidence of witnesses on 14th
June 2021.

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4.Since Criminal Case No. 1388/PW/2013 is ripe for hearing and
the trial has, in a sense, commenced, the grievance of the petitioner
would be substantially redressed, if the learned Metropolitan
Magistrate, Railway Court is directed to make an endeavour to
expeditiously conclude the trial in the said case. In fact, the alternate
prayer of the petitioner is to expedite the trial in the said case.

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5.In view of above, we direct the learned Metropolitan
Magistrate, Railway Court at Andheri to make an endeavour to

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Shraddha Talekar, PS

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13-wp-260-2020.doc

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dispose of Criminal Case No.1388/PW/2013 as expeditiously as
possible and preferably within a period of six months from the date
of communication of this order.

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6. The petitioner shall render necessary co-operation in the disposal of the abovenumbered case and shall not seek adjournment on any count whatsoever.

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7. The petition thus stands disposed of, with the aforesaid directions.

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(N. J. JAMADAR, J.)

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3/3

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Shraddha Talekar, PS

Arun Hindurao Sawant v. the State of Maharashtra

Case brief

What is this about?

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Arun Hindurao Sawant v. the State of Maharashtra

Case brief

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