Disposed

Kapil Dev Singh and Anr. v. the State of Maharashtra and Ors.

Bombay HC6 Jul 2022WP/4534/2021

Case brief

AI extract

What is this about?

Court directed Sessions Court to file report and Registry to dispatch letter regarding trial pending over 17 years. Court directed Metropolitan Magistrate to conclude trial within nine months and Registrar to inquire about incomplete records.

What did the court decide?

Case transferred to Metropolitan Magistrate; trial to be concluded within nine months; Registry to call for explanation regarding incomplete records.

Kapil Dev Singh and Anr. Vs the State of… — Civil Procedure and Limitation | Bombay HC (2022)

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902-WP-4534-2001.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4534 OF 2021

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Kapil Dev Singh and another … Petitioners

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Versus

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The State of Maharashtra and others

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… Respondents

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Mr. A.M. Saraogi for the Petitioners. Mr. K.V. Saste, APP for the State.

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CORAM : NITIN JAMDAR AND N.R. BORKAR, JJ. DATED : 6 JULY 2022

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P.C. :-

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. On 8 June 2022, following order is passed :

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“1. Heard learned counsel appearing for the Petitioner and learned APP for the State.

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Learned APP submits that in the present case FIR has been filedin the year 2004 whereas the chargesheet has been filed in the year 2006. Admittedly there is a delay of more than 17 years for the trial to have commenced.

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The concerned Court i.e. learned Additional Sessions Judge at Sewree, Mumbai where Case No. 345 of 2007 is being presently heard shall file a report to this Court. Registry shall dispatch a letter to that effect immediately.

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902-WP-4534-2001.odt

Learned counsel appearing for the Petitioners submits that he shall not press for the reliefs prayed in the present petition save and except for speedy and expeditious trial.

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5. Stand over to 27^th June, 2022.”

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The report sent by the Registry of Sessions Court was not complete as it is stated that the case is transferred to the Court of Metropolitan Magistrate. However, status of the matter therein was not informed.

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The learned APP states that the case is pending before the Court of Metropolitan Magistrate and two witnesses have been examined. The learned Counsel for the Petitioners submits that as recorded in the earlier order the trial which is pending for more than 17 years be expedited.

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According to us, this request is reasonable considering the time span. Since the trial before the learned Metropolitan Magistrate has already commenced and two witnesses have been examined, the learned Metropolitan Magistrate will make an endevour to conclude the trial within a period of nine months from today, subject to earlier time bound directions and commitments.

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As regard the direction to the Registry regarding the

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902-WP-4534-2001.odt

incomplete explanation and incomplete CIS records, the Registrar (Judicial) will call for necessary explanation and take necessary steps as may be warranted.

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With these observations and directions, the above Writ Petition is disposed of.

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( N.R. BORKAR, J. )

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( NITIN JAMDAR, J. )

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Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2022.07.07 18:06:20 +0530

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Kanchan P Dhuri

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Kapil Dev Singh and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Kapil Dev Singh and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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