The High Court directed the Metropolitan Magistrate to expedite the trial of the petitioner, pending for over 17 years, and conclude it within six months, citing inordinate delay and the petitioner's thyroid cancer.
Direction to the Metropolitan Magistrate to conclude the trial within six months.
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Gitalaxmi 35-wp-1374-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1374 OF 2024
Mr. Santaram Babaji Naik
…..Petitioner
Vs.
The State of Maharashtra …..Respondent
Mr. Pramod Pandey for the Petitioner. Mr. V. N. Sagare, A.P.P. for the Respondent-State.
CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 3rd JULY 2024
P.C.:-
1.1) Record clearly indicates that, the trial of aforenoted case is pending for last more than 17 years on the file of learned Metropolitan Magistrate, 47th Court at Esplanade, Mumbai.
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Gitalaxmi 35-wp-1374-2024.doc
that, the Petitioner is suffering from thyroid gland cancer. The necessary documents indicating the same have been annexed to the Petition. He therefore submitted that, in the interest of justice, the trial of said case may be expedited.
3.1) We request the learned Magistrate not to seek any extension for concluding the trial. In case any of the parties thereto are not cooperating in conducting the trial expeditiously, the learned Magistrate is at liberty to adopt appropriate provisions of the Criminal Procedure Code, 1973, for concluding the trial.
(DR. NEELA GOKHALE, J.)
(A. S. GADKARI, J.)
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Digitally signed by GITALAXMI GITALAXMI KRISHNA KRISHNA KOTAWADEKAR KOTAWADEKAR Date: 2024.07.16 10:57:30 +0530
1 issue framed by the court
Whether the trial pending for over 17 years should be expedited due to the petitioner's health condition?
2 provisions across 2 enactments
Mr. Santaram Babaji Naik
The State of Maharashtra
A. S. Gadkari
Dr. Neela Gokhale
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
