Nitin Satish Thoke v. the State of Maharashtra and Others

Bombay HC8 Jan 2025WP/234/2024

Case brief

AI extract

What is this about?

Time-bound disposal directions; Sessions Case No. 44/2021; IIIrd Additional Sessions Judge, Hingoli; offences under Ss. 302, 324, 323, 294, 504, 34 IPC; S.313 CrPC statement; slow trial progress; PW-3 examination-in-chief incomplete; 14 witnesses pending; Registrar (Judicial) report; eight-month deadline; under-trial prisoner matters; Criminal Writ Petition; Aurangabad Bench, Bombay High Court; Nitin Satish Thoke v. State of Maharashtra; 2025:BHC-AUG:507-DB.

What did the court decide?

Direction to the trial Court (IIIrd Additional Sessions Judge, Hingoli) to dispose of Sessions Case No. 44/2021 within a period of eight months from the date of the order. ¶¶16

Nitin Satish Thoke Vs the State of Maharashtra… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Direction to the trial Court (IIIrd Additional Sessions Judge, Hingoli) to dispose of Sessions Case No. 44/2021 within a period of eight months from the date of the order.

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Issue for consideration

Whether the Court should issue directions for time-bound disposal of Sessions Case No. 44/2021 pending before the learned IIIrd Additional Sessions Judge, Hingoli.

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Court's answer

Taking into consideration that the concerned Judge has 26 other matters of under-trial prisoners and other old cases, the writ petition is disposed of with a direction to the trial Court to dispose of Sessions Case No. 44/2021 within a period of eight months.

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Key takeaways

The progress in the trial of Sessions Case No. 44/2021 is very slow.obiter¶¶16

Detailed headnote1 paragraphs

Criminal Writ Petition No. 234 of 2024 — Nitin Satish Thoke v. The State of Maharashtra and Others (High Court of Judicature at Bombay, Bench at Aurangabad; Coram: Smt. Vibha Kankanwadi and Rohit W. Joshi, JJ.; decided 8 January 2025; neutral citation 2025:BHC-AUG:507-DB). The petitioner sought directions for time-bound disposal of Sessions Case No. 44/2021, for offences punishable under Sections 302, 324, 323, 294, 504, 34 of the Indian Penal Code, pending before the learned IIIrd Additional Sessions Judge, Hingoli. On a report solicited from the trial Judge through the Registrar (Judicial) (order dated 20.02.2024; report dated 11.03.2024), the Court found that although charge had been framed and two witnesses examined before the present Presiding Officer took over in June 2023, only the incomplete examination-in-chief of PW-3 was recorded between June 2023 and 11.03.2024. A subsequent report from the APP attached to the trial Court showed the entire evidence of PW-3 recorded and one more witness examined, with 14 witnesses still to be examined, followed by the S.313 CrPC statement of the accused, defence evidence (if any) and final arguments. Noting that the trial Judge had 26 other matters of under-trial prisoners and other old cases, and observing that the progress was very slow, the Court disposed of the writ petition directing the trial Court to dispose of Sessions Case No. 44/2021 within eight months.

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2025:BHC-AUG:507-DB

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234.2024WP.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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10 CRIMINAL WRIT PETITION NO. 234 OF 2024

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NITIN SATISH THOKE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr. N. Y. Chavan h/f Mr. Shinde D.M. APP for Respondent/State : Mr.V.K. Kotecha

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CORAM : SMT. VIBHA KANKANWADI AND ROHIT W.JOSHI, JJ. DATE : 8^th JANUARY, 2025.

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P.C.:

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. Present petition has been filed for directions for disposal of the Sessions Case No.44/2021 pending before the learned IIIrd Additional Sessions Judge, Hingoli, for the offences punishable under Sections 302, 324, 323, 294, 504, 34 of the Indian Penal Code, in a time bound manner.

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By order dated 20^th February, 2024, the learned Registrar (Judicial) was directed to take instructions from the Judge presided over the trial and solicit a report as to how much time could be required for disposal of the case. Accordingly, we have received the report on 11^th March, 2024. It appears that the said Presiding Officer got transferred to Hingoli in June, 2023. Prior to her taking over the said post, charge was framed and two witnesses were examined. It is however certain from her report that from June, 2023 till she submitted the report on 11.03.2024 only examination-in-chief of PW-3 has been

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2 234.2024WP.odt

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done. Even that examination-in-chief appears to not have been

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completed. There is absolutely no explanation as to why no progress has been given to the old matters.

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Today, learned APP is producing the latest report from APP attached to the said Court and from the said report, it appears that there is a little bit progress. The entire evidence of PW-3 has been recorded and one more witness has been examined. However, as per the said report still 14 witnesses are yet to be examined and thereafter there might be the statement of the accused under Section 313 of the Criminal Procedure code, submission of evidence, if any on behalf of defence and the final arguments before the judgment is pronounced. Certainly the progress is very slow in the matter. However, taking into consideration the fact that the concerned Judge has 26 other matters of the under trial prisoners and other old cases, we dispose of this writ petition by giving directions to the trial Court before whom the Sessions Case No.44/2021 is pending to dispose of the said case within a period of eight months from today.

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[ROHIT W. JOSHI] [ SMT. VIBHA KANKANWADI] JUDGE JUDGE

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sga

Nitin Satish Thoke v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Nitin Satish Thoke v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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