Court directed Special Judge to conclude POCSO trial within 8 weeks and quashed the attendant quashing application due to lack of representation.
Directing the trial to conclude within 8 weeks; Quashing the criminal application for no reason shown.
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1 Cr. W.P. / 1011 / 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
955 CRIMINAL WRIT PETITION NO.1011 OF 2022 WITH CRIMINAL APPLICATION NO. 2062 OF 2019
SHAIKH KAUSAR SHAIKH AFSAR VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Petitioner : Mr. Shinde Dhananjay M. APP for the respondent – State : Mr. S.P. Tiwari None present for applicant in Cri. Appln. 2062/2019
CORAM : MANGESH S. PATIL & SANDIPKUMAR C. MORE, JJ. DATE : 14 OCTOBER 2022
PC :
The petitioner is an accused in Special Case (POCSO) No. 22 of 2021 pending on the file of Additional Sessions Judge-3, Hingoli, for the offences punishable under section 376, 377, 384, 506, 34 of the Indian Penal Code along with Section 4, 6, 14 of the Protection of Children from Sexual Offences Act, 2012.
2 Cr. W.P. / 1011 / 2022
Judge has forwarded a report dated 08-08-2022 indicating therein about having examined as many as 6 witnesses and 3 witnesses have been given up by the prosecution.
We, therefore, dispose of the writ petition by directing the learned Special Judge to expedite the trial and conclude it as early as possible and in any event within 8 weeks from today.
[ SANDIPKUMAR C. MORE ] [ MANGESH S. PATIL ] JUDGE JUDGE
arp/
2 issues framed by the court
Whether the trial must be concluded within a specific statutory or directed time limit.
Whether the quashing of the criminal case can be disposed of alongside the writ petition regarding trial delay.
SHAIKH KAUSAR SHAIKH AFSAR
THE STATE OF MAHARASHTRA
MANGESH S. PATIL
SANDIPKUMAR C. MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
