Narendra Krishnaji Bhoyar vs State Of Maharashtra, Thr. ...
2017 Latest Caselaw 2029 Bom

        J-cwp646.16.odt                                                                                                    1/3


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           NAGPUR BENCH, NAGPUR


                          CRIMINAL WRIT PETITION No.646 OF 2016


        Narendra Krishnaji Bhoyar,
        Aged about 51 years,
        Occupation : LIC Agent,
        R/o. Naginabagh Ward,
        Near Subhash Mangal Karyalaya,
        Chandrapur, Tahsil and Distt. Chandrapur.                                   :      PETITIONER

                           ...VERSUS...

        1.    State of Maharashtra,
               Through Dy. S.P. 
               Anti Corruption Bureau,
               at Gadchiroli/Chandrapur.

        2.    Gowardhan Baliram Mattewar,
               Aged : Major,
               Occupation : Service,
               R/o. C/o. R.T.O. Office (Gramin),
               Nagpur, Distt. Nagpur.                                                :      RESPONDENTS


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri A.S. Ambatkar, Advocate for the Petitioner.
        Shri J.Y. Ghurde, Additional Public Prosecutor for the Respondent No.1.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                      CORAM  :   S.B. SHUKRE, J.

th DATE : 26 APRIL, 2017.

ORAL JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith.

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3. Heard finally by consent.

4. It appears that the trial of the Special Case No.3/2012 has

been transferred by the learned Sessions Judge from the Court of Ad-hoc

Additional Sessions Judge and District Judge-2 to the Court of Additional

District Juge-2 and the Additional District Judge, Chandrapur by order

passed on 31.12.2015, at a stage when the testimony of the petitioner

was partly completed or in other words when the trial of the case had

already commenced. It is pointed out by the learned counsel for the

petitioner that there is a bar under Sub-Section 2 of section 409 for

recalling of pending cases after commencement of the trial, which

provision of law was not considered by the learned Sessions Judge when

he transferred the case from the Court of Ad-hoc Additional Sessions

Judge to the Court of Additional Sessions Judge-2, Chandrapur. This

aspect of the matter, has also not been considered by the learned

Sessions Judge in his impugned order dated 22.7.2016. Therefore, such

an order cannot stand the scrutiny of law.

5. The writ petition is, therefore, allowed and the impugned

order is hereby quashed and set aside.

6. The matter is remanded back to the learned Sessions Judge

for considering afresh in accordance with law after giving due

opportunity to all the contesting parties.

7. The application shall be disposed of within 15 days from the

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date of appearance of the parties before the learned Sessions Judge.

8. The parties to appear before the learned Sessions Judge on

2nd May, 2017 at 11.00 a.m. and the proceedings i.e. Special Case

No.3/2012 shall stand stayed till disposal of the application.

9. Authenticated copy of this Judgment shall be furnished to the

learned counsel appearing for the parties.

JUDGE

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