Anant Dayanand Rajmachikar And ORS. v. The State Of Maharashtra

(62) wp-1963.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1963 OF 2018 Mr. Anant Dayanand Rajmachikar and ors.

: Petitioners.

Versus

State of Maharashtra : Respondent.

Mr. S R Pawar for the Petitioners.

Mr. K V Saste, Addl. PP for the Respondent/State. CORAM :

R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE :

10th JULY 2018 P.C.

The quashing of the proceedings being Regular Criminal Case No.149 of 2006 pending on the file of the learned Judicial Magistrate First Class, Karjat is sought by way of the above Writ Petition. The offences alleged against the Petitioners are under the Indian Penal Code, the Maharashtra Private Forests (Acquisition) Act, 1975 and the Indian Forest Act 1927. We are informed that the charges have been framed against the Petitioners in the year 2015 but thereafter the trial has not seen the light of the day. Having regard to the fact that as many as 7 Petitioners are over 75 years of age and in fact 4 of them are around 85 years and above, we deem it appropriate to expedite the trial and direct the learned Judicial Magistrate First Class, Karjat to decide the said Regular Criminal Case latest by 31/03/2019. In so far as the presence of the Petitioners are concerned, we direct that their lgc

(62) wp-1963.18.doc personal presence at the time of trial may be dispensed with unless absolutely necessary considering their age and that the presence of their lawyers would suffice the purpose subject to the Petitioners filing the usual undertaking before the Trial Court. With the aforesaid directions, the above Writ Petition to stand disposed of.

[REVATI MOHITE DERE, J] [R.M.SAVANT, J] Laxmikant Gopal Chandan Gopal Chandan Date: 2018.07.11 18:00:57 +0530 lgc