Rajendra @ Bandu S/O Akaramji ... vs The State Of Mah. Thr. Pso Ps ...
2023 Latest Caselaw 1231 Bom

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

                     CRIMINAL WRIT PETITION NO. 16/2023


        Rajendra alias Bandu S/o. Akaramji
        Ramekar, age 63 yrs., Occ. Retired.
        R/o. Jawahar Nagar, near Rekha Colony,
        Amravati.


                                                                              PETITIONER

                                         VERSUS

1.      The State of Maharashtra,
        through the Police Station Officer,
        Police Station Dattapur,
        Tq. Dhamangaon (Railway),
        Dist. Amravati.
2.      Santosh S/o. Ramdas Palaskar,
        Age adult, Occ. Not known,
        R/o. Plot No.1, Swavalambi Nagar,
        Amravati,
3.      Arvind S/o. Sukdeorao Dandge,
        Age Adult, Occ. Not Known,
        R/o. Old Bypass Road, Yashoda
        Nagar No.1, Amravati.
        (Respondent Nos. 2 and 3 are deleted
        as per Court's order dated 06.02.2023.)



                                                                       RESPONDENTS

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Mr. R. D. Bhuibhar, Advocate for petitioner. Mrs. M. Deshmukh, Additional Public Prosecutor for respondent/State.

          CORAM                                             : VINAY JOSHI AND
                                                              VALMIKI SA MENEZES JJ.
          DATE                                             :    06.02.2023
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ORAL JUDGMENT (PER VINAY JOSHI, J.)

The learned counsel appearing for petitioner seeks to

delete the respondent Nos. 2 and 3. Considering the limited prayer,

leave is granted as prayed for.

2. Amendment be carried out forthwith.

3. Rule. Rule is made returnable forthwith. Heard finally by

consent of both counsel.

4. The petitioner is arrayed as accused No. 1 in Regular

Criminal Case No. 108/2013 pending on the file of Judicial Magistrate

First Class, Dhamangaon (Railway), Amravati. The petitioner is seeking

limited relief to direct the Trial Court to decide case expeditiously as the

same is pending for nearby 10 years.

5. Considering the nature of relief claim, we have called report

of the Presiding Officer as well as copy of entire Roznama. Though

charge-sheet has been filed in the year 2013, till the year 2019, the trial

remained pending for various applications filed by petitioner.

Thereafter, co-accused (No.3) has applied for discharge which was

rejected. It reveals that during the period of last near about six months

other co-accused did not remain present which caused the Magistrate to

keep the matter pending for no reason. Particularly, accused No. 2 did

not appear in the Court, therefore non-bailable warrant and notice to

the surety were issued, but still they are awaited.

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6. By and large, for the period for more than last six months, the

matter is stalled due to absence of accused No. 2. Since the case is ten

years old, naturally the petitioner has right to seek a speedy trial.

7. In the above circumstances, the learned Magistrate is

directed to secure presence of co-accused by all possible modes available

under the law. If either of the accused including petitioner remains non-

cooperative, the Magistrate may in his discretion take appropriate steps

to secure their presence. If the Magistrate comes to the conclusion that

either of the accused is untraceable despite exhausting all available

modes then he may separate the trial regarding other accused. The

petition is disposed of accordingly with further direction to expedite the

trial.

8. Inform the concerned Magistrate accordingly.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

Gohane

Digitally signed by JITENDRA JITENDRA BHARAT GOHANE BHARAT Date:

GOHANE 2023.02.07 12:48:41 +0530