Thomas Joy Kurvila v. The State Of Maharashtra

SLJ 23-WP-5768-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5768 OF 2021 Thomas Joy Kurvila

...Petitioner

V/s.

The State of Maharashtra

...Respondent

Mr. Amit A. Mane, Appointed Advocate for the Petitioner. Mrs. S. D. Shinde APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 22nd NOVEMBER, 2022.

P.C.:- .

Heard Mr. Amit Mane, learned Advocate appointed to represent the Petitioner and the learned A.P.P.

2.

Record indicates that, the trial Court has provided Legal Assistance to the Petitioner by appointing Advocate Ms. Kruti Mehta in that behalf. That, on 11th November 2022 the trial Court has framed charge below Exhibit - 12 against the Petitioner under Sections 377, 376, 452, 341, 354(d), 316, 323, 506(2) of Indian Penal Code read with Sections 4, 8, 12 of Protection Of Children from Sexual Offences Act, and the trial Court has scheduled the said case for recording evidence on 25th November 2022.

3.

In view thereof, the grievance of the Petitioner regarding Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.11.24 15:17:28 +0530 SAJAKALI LIYAKAT JAMADAR 1/2

SLJ 23-WP-5768-2021.doc expeditious hearing of his case i.e. Special Case No.129 of 2018 does not survive. It may further be noted here that, the various other issues raised by the Petitioner in the Petition are in the nature of his defence in the said prospective trial, which cannot be adjudicated in this Writ Petition. Petition is accordingly disposed off.

(PRAKASH D.NAIK, J.) (A.S. GADKARI, J.) 2/2