Satish Pandey S/0 Ramvilas Pandey vs State Of Maharashtra
2022 Latest Caselaw 801 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                                   13-wp-6450-2021.doc
         2022.01.21
         16:00:26
         +0530
                           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.

(THROUGH VIDEO-CONFERENCING) THURSDAY, 20th JANUARY 2022 P.C. :

1 By this petition, the petitioner seeks the following relief:

"a) that this Hon'ble Court be pleased to pass appropriate writ, order and direction directing the transfer of the R.C.C. No. 865/2014 pending to the file of Court of J.M.F.C.-3, Vasai to the Hon'ble Sessions Court with a further direction to proceed with the matter from the stage where the same is transferred to the Hon'ble Sessions Court or in alternate, the J.M.F.C.-3, Vasai be permitted to complete the evidence and forward the same to the Hon'ble Sessions Court for proper appreciation and adjudication on such terms as this Hon'ble Court may deem fit and proper."

2 Learned counsel for the petitioner submits that out of 13

witnesses, the Court has completed recording of evidence of 7/8 witnesses.

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                                                                               13-wp-6450-2021.doc

He submits that thereafter, there has been no progress in the trial. Learned

counsel relied on the judgment of this Court in the case of Shyamrao

Vithoba Pillare vs State of Maharashtra 1 in support of his submission that

the amendment to the Code of Criminal Procedure i.e. amendment to

Sections 332 and 353 of the Indian Penal Code and Section 309 and

amendment of first schedule of the Cr.P.C will have a retrospective effect.

3 Considering that the trial is pending since 2014, a report be

called for from the learned Judicial Magistrate First Class-3, Vasai, with

respect to the status of the trial in RCC No.865/2014. The said report to be

submitted in the Registry of this Court on or before 1st February 2022.

4 The Registry to forthwith communicate this order to the

learned Judicial Magistrate First Class-3, Vasai, seized of the matter, either

telephonically or by fax, or through special messenger, so as to enable the

learned Judge to submit his report.

                 5               Stand over to 2nd February 2022.


                                                                 REVATI MOHITE DERE, J.


1    Criminal Application (APL) No. 1146/2018 dated 13/12/2018

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