Bombay High Court
Madhukar Deoram Zope And Others vs The State Of Maharashtra And ... on 4 July, 2022
Bench: V. V. Kankanwadi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 CRIMINAL WRIT PETITION NO.317 OF 2021
MADHUKAR DEORAM ZOPE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. D.D. Pande, Advocate for petitioners
Mr. S.P. Sonpawale, APP for the respondent No.1
Mr. Naseer Shaikh, Advocate for the respondent No.2
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 04th JULY, 2022
PER COURT :
1 Learned Advocate Mr. D.D. Pande submits that his senior Mr.
Girish Nagori is going to argue the matter, however, Mr. Girish Nagori has
personal difficulty. In fact, what personal difficulty Mr. Girish Nagori has, he
is not explaining. One more fact to be noted is that by order dated
29.11.2021 this Court had directed the petitioners to file copies of
depositions on record. Thereafter, on the request of the petitioners the
matter came to be adjourned to 10.01.2022 on 10.12.2021. Thereafter it
appears that till 20.04.2022 the matter was not on board and when the
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matter came up on board on 20.04.2022, the compliance of the said order
was not made and the matter came to be adjourned on 04.05.2022. On
04.05.2022 the similar situation continued and the matter was adjourned to
04.07.2022 i.e. today. Today also the copies of depositions have not been
filed. That means, since after 29.11.2021 the petitioners have not taken care
to file the copies of depositions on record and not taken care to comply with
the order dated 29.11.2021. When asked, the learned Advocate for the
petitioner is unable to give any reasonable ground for not complying with the
said order. No doubt, he has also tried to submit that he had filed the lose
copies of the depositions, but then, it is to be noted that the date on which he
has tendered to the office and why he had not paginated it. The other side
had not received the copies of those depositions.
2 It is to be noted that by order dated 24.03.2021 it was clarified
that there is no stay to the proceedings before the Trial Court. By this
petition the petitioners are challenging the Judgment and order dated
12.03.2020 passed by the learned Sessions Judge, Bhusawal, Dist. Jalgaon in
Criminal Revision No.75/2019 as well as order dated 25.07.2019 passed by
learned Judicial Magistrate First Class, Yawal in Regular Criminal Case
No.115/2015, wherein after recording evidence before framing charge the
matter was posted for framing of charge. The learned Advocate for
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respondent No.2 informs that the learned Judicial Magistrate First Class,
Yawal has not proceeded with the matter though it was clarified by this Court
that there is no stay to the proceedings before him. That means, the charge
is not yet framed. In fact, by order dated 29.09.2021 the petitioners were
directed to produce the copies of depositions recorded before framing of
charge. It means, it is not the order dated 29.11.2021 to be complied but it
was in fact, order dated 29.09.2021 that was to be complied with. This
shows clear negligence on the part of the petitioners to proceed with the
matter. In fact, when no reasonable ground has been shown the writ petition
deserves to be dismissed, however, the client should not suffer and, therefore,
the matter is adjourned, subject to deposit of costs of Rs.2,000/- (Rupees Two
Thousand only) by the learned Advocate for the petitioners from his pocket
to the High Court Legal Services Sub-Committee, Aurangabad on or before
08.07.2022. The copies of the depositions be positively filed before this
Court on or before 13.07.2022, by giving the copy of the same to the other
side in advance.
3 Place the matter for further consideration on 15.07.2022.
4 It has been informed that the matter before the learned Trial
Judge i.e. Regular Criminal Case No.115/2015 has been kept on 13.07.2022.
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Learned Magistrate is directed to take up the matter positively for the stage
for which the matter is and it is again clarified that there is no stay to the
proceedings before him.
( Smt. Vibha Kankanwadi, J. )
agd
