Kalpana Bipin Govekar v. The State Of Maharashtra

ssm 1 25-wp1184.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1184 OF 2018 Kalpana Bipin Govekar ....Petitioner.

Vs.

The State of Maharashtra ....Respondent.

Ms. Swapna Kode for the Petitioner.

Mr. S.S. Hulke APP, for the Respondent-State. Mr. Ranjit Kasale, PSI, D.B. Marg Police Station, Mumbai. CORAM : A. S. GADKARI, J.

DATE : 24th AUGUST, 2018.

P.C.:- By the present Petition, the Petitioner has questioned the correctness of Order dated 17th February, 2018 passed below Exhibit 66 in Sessions Case No. 42 of 2014 by the Additional Sessions Judge, Greater Mumbai thereby, rejecting the Application of the Petitioner for permission to sell the vehicle in question, i.e. the vehicle involved in the crime. The four wheeler vehicle is involved in an offence punishable under Sections 394, 397, 342 and 541 read with Section34 of the Indian Penal Code.

The learned counsel for the Petitioner submitted that, the permit of the said vehicle has come to an end and in view of the deteriorating precarious condition of the vehicle, the Applicant may be permitted to sell the said vehicle.

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ssm 2 25-wp1184.18.doc The learned APP, on instructions from the concerned Investigating Officer and the concerned APP who is conducting the said case before the Sessions Court, submitted that only two witnesses are remained to be examined in the present matter and it may take about three months time to conclude the trial upto the stage of arguments by both the sides.

In view of the statement made by the learned APP, the learned counsel for the Petitioner seeks leave to withdraw the present Petition, at this stage.

Leave granted.

In view of the statement made by the learned APP appearing before this Court, on instructions, from the concerned Investigating Officer and the concerned APP appearing before the Sessions Court in Sessions Case No. 42 of 2014, the learned Additional Sessions Judge seized of Sessions Case No. 42 of 2014 is hereby requested to conclude the trial of the said case, as expeditiously as possible, and within a period of four months from today.

Writ Petition is disposed off in the aforesaid terms. Digitally signed by S S Mashalkar Date:

2018.08.29 17:28:40 +0530 (A.S. GADKARI, J.) S S Mashalkar 2/2