Kishor Ramesh Shinde v. The State Of Maharashtra
20.WP.1048.18.doc ssk IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION CRIMINAL WRIT PETITION NO. 1048 OF 2018 WITH INTERIM APPLICATION NO.3658 OF 2022 IN CRIMINAL WRIT PETITION NO. 1048 OF 2018 Kishor Ramesh Shinde ..Petitioner/Applicant
Versus
State of Maharashtra ..Respondent None for Petitioner.
Mr. Ajay Patil, APP for State.
CORAM :A. S. GADKARI & MILIND N. JADHAV, JJ.
DATE :9th November, 2022 P.C.
:
.
In pursance of Order dated 03.10.2022, the Registrar of District and Sessions Court, Thane has forwarded a report dated 17.10.2022. It is stated therein that, till 17.10.2022, 20 witnesses were examined and thereafter due to Covid-19 pandamic, the trial could not proceed. That, the next date of hearing before the trial Court is fixed on 05.11.2022.
2.
It is to be noted here that, as per the pleadings of the Petitioner, he has been arrested in the year 2010. That, MCOC Special Case No. 9 of 2010 is of the year 2010. That, though more than 12 years have passed, still the trial is not concluded. 1/2
20.WP.1048.18.doc Record further indicates that, by Order dated 22.01.2016, the trial of the said case was already expedited by this Court and it was directed to conclude the same as expeditiously as possible. Despite lapse of six years the trial is not yet concluded. 3.
In view thereof, we hereby direct learned District and Sessions Judge, Thane to seize of MCOC Special Case No. 9 of 2010, to expedite the hearing of the said case and to conclude the hearing of the same within a period of six months from the date of receipt of present Order.
4.
In case the witnesses and/or other Government Officials are not co-operating in expeditious hearing of the said case, the learned Sessions Judge/Special Judge, Thane is hereby directed to adopt appropriate remedial measures as may be permissible under the provisions of Cr.P.C. and MCOC Act.
5.
Learned APP is directed to communicate this Order to the Superintendent of Taloja Central Prison, Navi Mumbai who in turn shall supply a copy to the Petitioner.
6.
Petition is disposed off in the aforesaid terms. 7.
In view of the disposal of the Petition, Interim Application No. 3658 of 2022 does not survive and is accordingly disposed off. [ MILIND N. JADHAV, J. ] [A. S. GADKARI, J.] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date: 2022.11.11 11:43:28 +0530 2/2