The High Court directed the trial court to dispose of the criminal case involving the petitioner within ten months, considering the delay caused by the pandemic and the number of witnesses remaining to be examined.
Direction to the Learned Judicial Magistrate First Class, Dhule to dispose of the case within ten months.
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.
1 913CrWP1012.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
913 CRIMINAL WRIT PETITION NO.1012 OF 2022
UDAYA SANKAR MARIMUTHU
VERSUS THE STATE OF MAHARASHTRA
Advocate for Petitioner : Mr. Vijay B. Patil APP for respondent/State : Mr. M. M. Nerlikar
CORAM : SMT. VIBHA KANKANWADI AND
RAJESH S. PATIL, JJ.
DATED : 23RD NOVEMBER, 2022
PER COURT : -
pending before the learned Judicial Magistrate First Class, Dhule. With a short prayer, the petitioner has approached this Court. He wants to expedite the trial and have speedy redressal / disposal of his case. It is, in fact, the constitutional right of an accused to have speedy disposal of the case, however, at the same time, we cannot give a go-bye to the procedure. It appears, that there were in all 14 accused persons and after filing of the charge-sheet it appears some of them do not remain present. Procedure has been undertaken and thereafter the trial has been split. Now, it appears that it is taken up as against accused nos. 1, 3, 4, 10 and 13. Two
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2 913CrWP1012.2022.odt witnesses have also been examined uptil now. Though the charge appears to have been framed on 11.11.2016, the evidence of PW-1 appears to have been started on 02.12.2021. We will have to count the period of Covid-19 which prevented the trial Courts from recording the evidence. When now the procedure has been normalized, there could be speed to the trial.
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3 913CrWP1012.2022.odt
cooperation would be extended to the learned Magistrate, the above
directions are given.
[RAJESH S. PATIL] JUDGE
[SMT. VIBHA KANKANWADI] JUDGE
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2 issues framed by the court
Whether to expedite the trial of the accused.
Whether to grant a time-bound direction for disposal of the criminal case.
UDAYA SANKAR MARIMUTHU
THE STATE OF MAHARASHTRA
VIBHA KANKANWADI
RAJESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
