Geeta B. Gioia v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 51 OF 2017 Geeta B. Gioia ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Praful M. Soni I/b Mr. Rohan Nahar for the Applicant Mr. H. J. Dedhia, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 10 th JANUARY, 2018 P.C. :

Heard learned counsel for the applicant.

By this application, the applicant (original petitioner) seeks expeditious disposal of MPID case No. 19 of 2005, which is pending on the file of the learned Special Judge, Pune.

Learned counsel for the applicant submits that the offence as against the accused was registered in the year 2004. Learned counsel for the applicant states that in 2004, C.R. No. 387 of 2004 was registered as against the accused for the alleged offences punishable under Sections 1/3

120(B), 420, 409 of the Indian Penal Code and Section 3 of the MPID Act. He submitted that after investigation, charge-sheet was filed as against three accused on 27th October, 2005. Learned counsel for the applicant submits that the case has been pending for more than 10 years and that till date, charge has not been framed in the said case and that there are no prospectus of the trial commencing soon. He submitted that considering the fact that it is a case of 2004, the trial being MPID case No. 19 of 2005, pending before the Special Judge, Pune be expedited and be made timebound. Learned A.P.P does not dispute the fact that the trial is pending and that the charge has not been framed till date. He submits that discharge applications are pending before the trial Court. Perused the papers. Admittedly, the case was filed in 2004 and charge-sheet in 2005. The case is pending before the learned Special Judge, Pune, for more than 10 years. Till date, charge has not been framed in the said case and that during the pendency of the trial, one accused has expired.

2/3

Considering the aforesaid, the application is allowed and in the interest of justice, the trial being MPID case No. 19 of 2005 pending before the learned Special Judge, Pune is expedited. The learned Special Judge shall decide the case as expeditiously as possible and in any event, within 18 months from the date of receipt of this order. Learned counsel for the applicant to place the aforesaid order on record of the Special Judge.

Registry to communicate the said order to the learned Special Judge, who is seized of the MPID case No. 19 of 2005. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

3/3