Suhas Madhukar Khamkar v. The State Of Maharasthra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2591 OF 2019 Suhas Madhukar Khamkar

...Petitioner

Versus

The State of Maharashtra

...Respondents

----- Mr. Ritesh Thobde, for the Petitioner.

Mr. A.R. Patil, APP for Respondent - State.

----- CORAM : S.S. SHINDE, J.

DATE : 18th SEPTEMBER 2019 PER COURT:

1.

Heard learned counsel for the Petitioner. Learned counsel for the Petitioner prays for leave to amend. Leave granted. Amendment to be carried out forthwith.

2.

The grievance of the Petitioner is that, the cases which are instituted in the year 2016-17 have been given precedent from the Special Case No. 23/2015 and said cases are disposed of by the Special Court. However, the case of the present Petitioner i.e. Special Case No. 23/2015 is kept pending. Therefore, learned counsel for the Petitioner prays that, Sessions Court, Panvel may be directed to expedite the hearing of Special Case No. 23/2015 in a stipulated time.

Bhagyawant

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The Registry of this Court has received the report from the Additional District Judge-1 and Sessions Judge, Panvel-Raigad, wherein it is mentioned that there are 5977 (civil and criminal) cases are pending before the said Court. In that view of the matter, it would not be appropriate to give any mandatory direction to the said Court. However, liberty to the Petitioner to apply before the same court for expeditious hearing of the Special Case No. 23/2015. In case such prayer is made by the Petitioner before the said Court, the said Court shall keep in view the contention of the Petitioner that, the Special Cases arising out of Prevention of Corruption Act, 1988 of the year 2016-17 are disposed of, however, case of the Petitioner is kept pending. The learned Special Judge shall consider the prayer of the Petitioner favorably in case the record shows that, the cases which are instituted after the case of the Petitioner are heard and disposed of. With the above observations, writ petition stands disposed of. [S.S. SHINDE, J.] Bhagyawant