Dashrath Prabhu Bhise v. The State Of Maharashtra

44. APL.413-2021.doc by RUPALI RAJESH WAKODIKAR Date:

2021.08.12 16:54:57 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 413 OF 2021 Dashrath Prabhu Bhise ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Vikram R. Sutaria for the Applicant.

Mr. S.S.Hulke, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 11 th AUGUST, 2021 P.C. :

1.

By this application, the only substantive prayer sought by the Applicant is as under;

"(a) This Hon'ble Court be pleased to direct the Learned Metropolitan Magistrate, 63rd Court at Andheri to decide C.C.No. 6300187/SW/2020 within a period of 1 month or as expeditiously as possible and within such period as this Hon'ble Court may deem fit and proper, in the interest of justice." 2.

Learned Counsel for the Applicant submits that the Applicant filed his complaint on 15th June, 2020 and that the said complaint is pending and no orders are passed in the said complaint till date. Learned Counsel for the Applicant requests that Trial Court be directed to take up the Applicant's complaint and to decide the said complaint i.e. C.C.No.6300187/SW/2020, within a reasonable time. Wakodikar 1/2

44. APL.413-2021.doc 3.

Learned APP has no objection if such a direction is given. 4.

Accordingly, the application is allowed to the extent that the learned Magistrate is requested to take up the complaint and to decide the same by passing appropriate orders in the said complaint i.e. C.C.No.6300187/SW/2020, within six weeks from the date of receipt of this order.

5.

It is made clear that this application has not been heard on merits and that the learned Magistrate to take up the complaint and pass appropriate orders in the said complaint, on its own merits, in accordance with law.

6.

The application is accordingly allowed and is disposed of, on the aforesaid terms.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

Wakodikar 2/2