Mayank Mohan Sharma v. State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 600 OF 2023 Mayank Mohan Sharma ..Applicant

Versus

State of Maharashtra ..Respondents __________ Ms. Swarali Joglekar for Applicant.

Mr. N. B. Patil, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 20 JUNE 2023 PC :

1.

This application is filed by the Applicant for two main prayers. The first prayer is for direction to the Sessions Court to decide the Criminal Revision Application pending before the said Court within 15 days and the other main prayer is for discharging the Applicant.

2.

Learned counsel for the Applicant states that, she is not pressing the prayer clause (d) which is for discharging the applicant from the C.C.No.510/PW/2013 pending before the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, in which the Applicant is still facing the charges U/s.67 and 67A of

the Information Technology Act.

3.

The Applicant had preferred an application for discharge vide Exhibit-9 in C.C.No.510/PW/2013 before the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. That application was partly allowed and he was discharged from the offence punishable U/s.506(II) of the I.P.C. and U/s.66(a) of the Information Technology Act. However, he is still facing the charges U/s.67 and 67A of the Information Technology Act. The Applicant challenged that order dated 18/07/2019 before the Court of Sessions at Greater Mumbai vide Criminal Revision Application No.1170 of 2019. Learned counsel for the applicant submitted that the said revision application is pending since 2019 and there is absolutely no progress. Therefore, in the interest of justice, it is necessary that some directions are issued to the Sessions Court to decide the said revision application within a reasonable time. 4.

I have considered these submissions. The request made is quite reasonable. There is no reason as to why the revision application should be kept pending for such a long time.

Therefore, directions are necessary to decide the revision application within a reasonable period.

5.

Hence, the following order:

O R D E R

i)Learned Additional Sessions Judge, Greater Mumbai is directed to decide the Criminal Revision Application No.1170 of 2019 pending before him within a period of four weeks from 07/07/2023; as the next date before the said Court is 07/07/2023.

ii)With this direction, the application is disposed of. (SARANG V. KOTWAL, J.)