Mohan Dadabhau Kurne v. The State Of Maharashtra And ORS.

1/2 918-wp.2538.2018.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2538 OF 2018 Mohan Dadabhau Kurne ... Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Ms. Girija Yadav , i/b Shinde and Co., for the Petitioner. Ms. P. P. Shinde, A.P.P for the Respondent No.1 - State. CORAM : REVATI MOHITE DERE, J.

DATE : 28th NOVEMBER, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this petition, the Petitioner has sought the following substantive prayers:- "21 B. The Hon'ble court may be please to direct learned court 8-3rd Joint C.J.J.D and J.M.F.C Court, Panvel to dispose the case no. RCC 456/2016 as an expeditiously within three months." 3.

The petitioner is the original complainant, who has filed a complaint as against the respondent nos.2 and 3 alleging offences punishable under Section 420 r/w 34 of the Indian Penal Code and under Sections 4 and 13 of Maharashtra Ownership of Flats Act. (MOFA).

2/2 918-wp.2538.2018.doc 4.

Learned Counsel for the petitioner submits that the respondent no.2 is a builder and developer, having his office at Vashi, Navi Mumbai. She submits that the Respondent No.2 has cheated several persons i.e. about 500 claimants in Vashi, Panvel City and Khandeshwar to the tune of Rs.9 to 10 crores. She submits that in the interest of justice, the trial of the petitioner, who is the original complainant, be expedited. 5.

For the reasons set out in the petition, the petition is allowed and the trial of the petitioner being RCC 456/2016, which is pending before the learned court 8-3rd Joint C.J.J.D and J.M.F.C Court, Panvel, is expedited. The learned Judge to dispose of the case as expeditiously as possible and preferably within 24 months from the date of receipt of this order.

6.

The Petition is accordingly disposed of on the aforesaid terms. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.