Pesi Shroff v. The State Of Maharashtra

1 /2 44-apl-522-16.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 522 of 2016.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr A.H.H.Ponda a/with Gautam Tiwari i/by Probus Legal for the applicant.

Smt. Anamika Malhotra, APP for the State.

CORAM : A.S.GADKARI, J.

DATE : 12/7/2016 P.C.

1) By the present application under section 482 and 483 of the Criminal Procedure Code, the applicant has prayed that, directions be issued to the learned Metropolitan Magistrate, 37th Court, Esplanade, Mumbai to hear and decide expeditiously the Protest Petition filed by the applicant on 26.6.2015 in Case No. 19/Summary/2015.

2) The applicant is the original complainant in CR No.25/2014 originally registered with Tardeo Police Station, Mumbai and subsequently investigated by the DCB-CID Unit-1, Mumbai having renumbered CR No. 8/2014. The record discloses that after completion of investigation the Investigating Officer has submitted a

2 /2 44-apl-522-16.doc report under section 173 (2) of Cr.P.C. classifying the said case as "True but undetected" as "A Summary" on 11.4.2015. After receipt of the notice the applicant has filed the said Protest Petition on 26.6.2015 and the same is pending for final adjudication. 3) Since the Protest Petition filed by the applicant is pending from June, 2015 on the file of the learned Metropolitan Magistrate, 37th Court, at Esplanade, Mumbai, the concerned Magistrate is directed to hear and decide the said Protest Petition expeditiously and within a period of three months from the date of receipt of this order. 4) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)