Satish Pandey S/0 Ramvilas Pandey vs State Of Maharashtra
2022 Latest Caselaw 1192 Bom

NISHA     Digitally signed by NISHA
          SANDEEP CHITNIS
SANDEEP   Date: 2022.02.03
CHITNIS   10:45:19 +0530




                                                                                    28-wp.6450.2021.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL WRIT PETITION NO.6450 OF 2021

                          Satish Pandey S/o. Ramvilas Pandey                 ...Petitioner
                               Versus
                          The State of Maharashtra                           ...Respondent

                          Mr. Anand Mishra, for the Petitioner.

                          Ms. Anamika Malhotra, A.P.P for the Respondent - State.


                                                      CORAM : REVATI MOHITE DERE, J.

DATE : 2nd FEBRUARY 2022

(THROUGH VIDEO CONFERENCING) P.C. :

1. Vide order dated 20th January 2022, a report was called from

the learned Judicial Magistrate First Class - 3, Vasai, with respect to the

status of the trial in RCC No.865 of 2014. The learned trial Judge has

submitted his report dated 24th January 2022. In the said report, he has only

stated that till today, three witnesses have been examined. The learned

Judge ought to have set out whether the trial would be concluded by him or

whether he intends to transfer the said case to the Sessions Court, in view

of the judgment passed by the Nagpur Bench of this Court on 13th December

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2018 in Criminal Application No.1146 of 2018. The said fact is absent.

The learned Judge cannot sleepover the file, in the event, the said case is to

be transferred or sent to the Sessions Court. The trial Court to submit a

report to this Court what it intends to do with the said case. A report to that

effect be sent by the learned Judicial Magistrate First Class, Court No.3,

Vasai, as expeditiously as possible, and in any event on or before 7th

February 2022.

3. Stand over to 8th February 2022. To be listed 'First on Board'.

4. Registry to forthwith communicate the order passed today

either telephonically/fax/e-mail or a Special Messenger, to the learned

Judicial Magistrate First Class, Court No.3, Vasai, who is seized of the

matter, so as to enable the learned Judge to submit his report.

5. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

N. S. Chitnis                                                                                2/2