Satish Pandey S/0 Ramvilas Pandey vs State Of Maharashtra
2022 Latest Caselaw 2436 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                                    3-WP-6450-2021.doc
         2022.03.10
         14:43:20
         +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. Amit G. Dubey i/b Mr. Anand Mishra for the Petitioner

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


                                                   CORAM : REVATI MOHITE DERE, J.

THURSDAY, 10th MARCH 2022

P.C. :

1 Vide order dated 25th February 2022, the following order was

passed :

"1. Vide order dated 2nd February 2022, a report was called for from the trial Court whether it intends to transfer the case to the Sessions Court or intends to proceed with the said case. Pursuant thereto, the learned Judicial Magistrate First Class, Court No.3, Vasai, has sent his report dated 4th February 2022. In the said report, the learned Magistrate has stated that in view of the judgment of this Court in the case of Shyamrao Vithoba Pillare v/s. State of Maharashtra 1, he

1 Criminal Application No.1146 of 2018 dated 13th December 2018

SQ Pathan 1/3 3-WP-6450-2021.doc

intends to transfer the matter i.e. R.C.C. No.865 of 2014 to the Sessions Court at Vashi for its disposal according to law.

2. If this is the course of action that the learned Magistrate intends to adopt, he shall do it forthwith and not sleepover the file. The same to be done as expeditiously as possible, and in any event within one week from today.

3. Stand over to 8th March 2022, for recording compliance of the aforesaid order.

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

2 The matter was kept on 8th March 2022 for recording

compliance. However, since the matter did not appear on Board, the matter

was kept today.

3 Learned counsel for the petitioner states that till date, the

learned Magistrate has not transferred the case to the Sessions Court at

Vasai.

4 The learned Magistrate, Court Room no. 3, Vasai, to submit a

report in a sealed envelope on or before 14th March 2022.

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                                                                     3-WP-6450-2021.doc

5 Stand over to 15th March 2022. To be placed under the caption

`for recording compliance'.

6 Registry to forthwith communicate this order to the learned

Magistrate, Court Room No. 3, Vasai, by fax/e-mail/through a special

messenger.

REVA TI MOHITE DERE, J.

SQ Pathan                                                                          3/3