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Bombay High CourtAPL/406/2015other disposed off

Gopal Hariram Khatri v. The State Of Maharashtra

2015-06-12Hon'Ble Shri Justice M.L. Tahaliyani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 406 OF 2015 Shri Gopal Hariram Khatri ... Applicant.

V/s.

State of Maharashtra ... Respondent.

--- Mr. Aniket U. Nikam, Advocate for Applicant.

Mr. V. B. Konde-Deshmukh, A. P.P. for the State. --- CORAM : M.L.TAHALIYANI,J.

DATE : 12th JUNE, 2015 P.C. :

Heard the learned Advocate appearing for the applicant and the learned APP for the State.

It appears that the applicant was interested in further investigation in C.R. No. 3215 of 2011. It further appears that he moved the Division Bench of this court for further investigation. The Division Bench directed him to move the trial court under section 173 (8) of the Cr.P.C. for further investigation. The applicant has accordingly made an application for further investigation which is pending before the learned trial Judge.

The grievance of the applicant is that his application is not being decided despite the fact that it is Borey 1/2

spb/ 25apl406-15.sxw pending since July 2013. This is obviously a very sorry state of affairs. Hence, I issue following directions. The trial Judge shall decide the application filed under section 173(8) by the applicant in Sessions Case (NDPS Spl.) No. 46 of 2011 as early as possible and not later than one month from the date of the receipt of this order. The present application is disposed of.

(JUDGE) .....

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