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Bombay High CourtWP/6611/2021disposed off

Devashish Tarapad Bank v. The State Of Maharashtra

2023-02-13Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

DAE 49-WP-6611-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6611 OF 2021 Devashish Tarapad Bank

...Petitioner

Versus

The State Of Maharashtra

...Respondent

None for Petitioner.

Mrs. S. D. Shinde, APP for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

by DNYANESHWAR ASHOK ETHAPE Date: 2023.02.20 18:54:18 +0530 DNYANESHWAR ASHOK ETHAPE DATE : 13th FEBRUARY, 2023.

P.C.:- 1.

Present Petition is registered on the basis of a letter addressed by the Petitioner through Jail i.e. from Lajpore Central Prison, Surat, State of Gujarat.

2.

It is the grievance of the Petitioner that, his case i.e. C.C. No.PW/4700213/2014 pending on the file of Metropolitan Magistrate 28th Court Esplanade Mumbai arising out of C.R. No.218 of 2013 registered with L. T. Marg Police Station, Mumbai has not yet commenced and therefore, he has not been brought to Mumbai for contesting the said case. 3.

Learned APP on instructions submitted that, in the said case, the trial Court could not frame charge as of today as the Petitioner is lodged in a jail in the State of Gujarat.

4.

In view thereof, the learned Metropolitan Magistrate 28th Court 1/2

DAE 49-WP-6611-2021.doc Esplanade, Mumbai is requested to expedite the hearing of the case i.e. C.C. No.PW/4700213/2014 by adopting appropriate measures as may be permissible under the law.

5.

Petition is partly allowed in the aforesaid terms. 6.

Registrar (Judicial-II) is directed to forward a copy of the present Order to the concerned Court.

(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2