Rajendra Maruti Kamble v. The State Of Maharashtra And ANR

PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2022.03.28 14:54:52 +0530 WRIT PETITION NO. 629 OF 2020 PRADNYA MAKARAND BHOGALE Rajendra Maruti Kamble .. Petitioner vs.

The State of Maharashtra and anr.

.. Respondents ---------------- None for petitioner.

Smt. M.M. Deshmukh, APP for State.

--------------------- CORAM : M. S. KARNIK, J.

DATE : MARCH 28, 2022 P.C.:- 1.

None appears for the petitioner.

2.

Considering the limited relief prayed for in this petition, with the assistance of learned APP, I have gone through the petition and the relevant exhibits. The relief prayed for by the petitioner is for expediting the trial of CC No.W/2600817/PW/2012 pending before learned 67th Metropolitan Magistrate Court at Boriwali. The petitioner has further prayed for a direction that the matter may be heard on day to day basis.

3.

It is the petitioner's case that he belongs to the Scheduled Caste and that from September 2011 to February 19, 2012, he was subjected to cruelty by the accused. The FIR was lodged on February 19, 2012. The chargesheet was filed on March 11, 2012. It is contended by the petitioner that as a result of the dilatory tactics adopted by the accused, the matter is not proceeding further.

4.

Considering the order that I propose to pass, notice on the respondent no. 2 is not necessary.

5.

In respect of the FIR lodged on February 19, 2012, the chargesheet has been filed for the alleged offences punishable under Sections 324, 504 and 506 of the Indian Penal Code against the respondent no. 2 as long back as on March 11, 2012. Considering that the trial is pending for such a long time, I have no manner of doubt that the trial Court would ensure that the trial does not get protracted any further on account of dilatory tactics of the respondent no. 2. Considering the distance of time from the lodging of FIR and the consequent filing of the chargesheet, the trial

Court is requested to look into the matter and subject to the order of priority to be accorded to the pending matters, the trial Court may consider expediting the trial, if not already disposed of and take it to its logical conclusion. 6.

All contentions on merits are kept open.

7.

The writ petition is disposed of.

(M.S. KARNIK, J.)