Vikas Prabhakar Yadav v. The State Of Maharashtra And ANR

907-apl-192.2016.sxw hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 192 OF 2016 Vikas Prabhakar Yadav ..Applicant

Versus

State of Maharashtra and anr.

..Respondents Mr. O.A. Siddiqui for the applicant.

Mr. J.P. Yagnik, APP for the State.

CORAM : RANJIT MORE & V. L. ACHLIYA, JJ.

DATE : 01 MARCH, 2016.

P. C. :

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

By the separate order passed today, in Criminal Application No. 1312 of 2015, we have granted permission to the learned counsel for the applicant to withdraw the Criminal Application No. 1312 of 2015. This application was filed by the co-accused for quashing the MCOC Case No. 91 of 2015 under MCOC Act. The present application is for a direction to the leanred Sessions Judge to dispose of discharge application filed under section 11 of the MCOC Act which was not disposed of by the learned Special Court on the ground of pendency of

907-apl-192.2016.sxw Criminal Application No. 1312 of 2015. Since the said application is disposed of today as withdrawn, we direct the learned Special Judge, Incharge of MCOC Special Case No.91 of 2015 to dispose of the petitioner's application at Exh. 5 under section 11 of the MCOC Act for discharge and to dispose of the same as expeditiously as possible and preferably within a period of two weeks from the date of receipt of this order,.

3.

This order is passed as it is submitted before this Court that the argument on discharge application by both the parties are already completed and the application is adjourned for orders. Needless to mention that this application shall be decided independently on its own merits and the learned Judge shall not be influenced by the withdrawal of Criminal Application No. 1312 of 2015. Parties to act on authenticated copy of this order. [V. L. ACHLIYA, J.] [RANJIT MORE, J.]