Shri Dagdu Nivrutti Kumbhar v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 1215 OF 2015 Shri Dagdu Nivrutti Kumbhar .....Petitioner V/s.

The State of Maharashtra and others ....Respondents Mr. R. V. Bansode Advocate for Petitioner.

Ms. V. S. Mhaispurkar APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : JUNE 22, 2016.

PC :

Learned counsel for the Petitioner fairly submits that the petition challenging the order of rejecting the application seeking discharge was filed in the year 2015. However, proceedings were not stayed and as on today, the trial has commenced. Learned counsel rightly submits that prayers for discharge would become infructuous. Hence, he seeks liberty to withdraw the petition. Learned counsel further submits that the Petitioner is almost 59 years old and would retire on superannuation. It is therefore prayed that a direction be given for expeditious trial.

2) Liberty as prayed for is granted in the interest of justice. Petition stands dismissed as withdrawn. Taking into consideration the fact that proceedings ism

2 25.1215.15 wp are of the year 2013 and that Petitioner is likely to retire on superannuation, it would be apt in the interest of justice that petitioner would have the Judgment before he retires. Hence, learned Special Judge seized with Special Case No. 9 of 2013 is requested to make an endeavour to conclude the recording of evidence in Special Case No. 9 of 2013 as far as possible within 4 months from the date of receipt of this order. Learned Special Judge shall not be influenced by the withdrawal of this petition. (SMT. SADHANA S. JADHAV, J.) ism