The State Of Maharashtra vs Madan Prasad Kishori Prasad ...
2023 Latest Caselaw 561 Bom

                                                       1/4                    24 apeal 464.02.docx



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPEAL NO. 464 OF 2002


                      The State of Maharashtra                         ...   Appellant
                             v/s.
                      Madan Prasad Kishori Prasad & ors.               ...     Respondents


                      Mr A R Kapadnis, APP for the appellant-State.

                      Advocate Onam Hingorani a/w. Advocate Zubin Brahmbhat for
                      respondent No.3.
                      Advocate Rehan R Momin i/b. Advocate S.H. Joshi for respondent
                      Nos.4,14,15 & 27.

         Digitally
                                          CORAM : NITIN W. SAMBRE &
         signed by
         LATA
                                                  R.N.LADDHA, JJ.

LATA     SUNIL
SUNIL    PANJWANI
PANJWANI Date:
         2023.01.17
                                          DATE     : 16th January 2023
         13:35:58
         +0530


                      P.C. :

In Sessions Case No.158/1994 the 4th Additional District & Sessions Judge, Thane vide its judgment and order dated October 19 2001 passed following order.

"1. Accused no.1,4,6,9,10,12,14,15,17,20,21,22,24,27,28 and 33 are hereby acquitted of the charges punishable 2/4 24 apeal 464.02.docx

u/s. 143,147,148,333,337,338,427,109,307 of I.P.C.

2. Their bail bonds stand cancelled and sureties stand discharged.

3. The muddemal article No.1,2 & 4 were re-transmitted to Shantinagar police station, Bhiwandi for production at the time of the trial of the other accused against whom present proceeding is not lasted."

2. The State feeling aggrieved has preferred this appeal against acquittal.

3. This Court after hearing learned APP on 11 th February 2003 has admitted appeal against Accused Nos.1,4,6,14,15,24 and 33 against whom an action is ordered under Section 390 of the Cr.P.C.

4. The last office note as regards the action under Section 390 is concerned and the stage of service of notice in the appeal on the accused referred above reflects following position:

Office Notes, Office Memoranda of Coram, Court's Judge's Appearances, Court's orders or Directions and orders Registrar's orders (By State against Acquittal) Notes:-

1) Appeal is Admitted on 11/02/03 against 3/4 24 apeal 464.02.docx

original accused Nos.1,4,6,14,15,24& 33 only.

2) R&P with paperbook received.

3) Warrant of Arrest u/s 390 of CRPC is duly executed against orig. Accused Nos.1,l4,6,14,15 & 33 and they are released on bail.

4) Warrant of Arrest u/s 390 of CRPC is unexecuted and notice also unserved against orig. Accused No.24, hence Appeal is dismissed against him vide Court's order dt.23.8.2010. Writ received duly complied.

5) Report dt. 05.07.2003 received from collector office, Thane is kept at Flag A, stating therein notice served upon orig. Accused Nos.4,14 and 15 and unserved upon orig. Accused nos.1,6 and 33 . But K.N. Kore has filed vakalatnama for orig. Accused No.1 and 33.

6) As per Court's order dt.06.06.2017 notice issued to orig. Accused Nos.1 and 33, report dt.11.07.2017 received from Kongaon Police Station is kept at Flat B, stating therein as the orig accused are not found at given address and address is incomplete.

7) As per Court's order dated 6/6/2017 information regarding orig. accused No.6 is not received till date.

8) As per court's order dated 14/8/2017, 16/11/2017 and 30/11/2017, app has not furnished fresh address of respondent nos.1 and 33 till date and information about orig. accused no.6.

9) Adv. Satyajeet H. Joshi has filed preacipe kept at Flag C requesting therein discharge him from this appeal for orig. Accused nos.4,14 and 15 4/4 24 apeal 464.02.docx

5. Learned APP on instructions states that the police authorities i.e. appellant are pursuing the matter for taking the order of this Court to its logical end means the action under Section 390 and securing the presence of accused persons before this Court.

6. We are at pains to notice that for the last 20 years after the judgment of acquittal is delivered, the notices on all the accused persons are not served till this date.

7. In the aforesaid background, by way of last chance, we grant time to learned APP to take steps in the matter for effecting service as ordered by this Court on the accused persons in any case by 17th February 2023.

8. Mr Kapadnis, the learned APP appearing for the State, assures that he shall be ready with the matter on its merits on the next date of hearing even if the accused are not served by said date.

R.N. LADDHA, J. NITIN W. SAMBRE, J.

Lata Panjwani, P.S.