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Bombay High CourtAPPW/248/2018others disposed off

Santosh Fulchand Mehata And ORS. v. The State Of Maharashtra And ANR.

2018-08-03Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 927-appw-218-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 248 OF 2018 IN CRIMINAL WRIT PETITION NO. 2702 OF 2013 Santosh Fulchand Mehata & Ors.

... Applicants Vs.

State of Maharashtra & Anr.

... Respondents ...

Ms. Megha Bajaria I/b Mr. Kuldeep Patil for the applicants. Mr. Y.M.Nakhwa, APP for the Respondent-State. Mr. Sushil Inamdar for the Respondent No.2.

CORAM : PRAKASH D. NAIK, J.

DATE : 3rd AUGUST, 2018.

P.C.

1.

This is an application for passing early date of hearing. It is submitted that petitioner No.4 is the student and he intends to travel abroad for studies. The petitioners were prosecuted for the offences punishable under Sections 406, 420 read with 34 of Indian Penal Code. The revision application preferred by the respondents was allowed by the Sessions Court and the order of process was set aside. The said order was challenged by the original complainant by filing Criminal Writ Petition No. 2702 of 2013. The said petition has been admitted on 11th September, 2014 and is pending for final hearing.

Sknair 927-appw-218-18.odt 2.

It is submitted that although, the petitioner are challenging order setting aside the order of process, the Passport Authorities are creating difficulties in issuance of passport on account of pendency of this petition. Learned counsel for the original petitioner has no objection for listing the matter for final hearing. It is also noted that the complainant is aged about 81 years. In the circumstances, hearing of this petition is required to be expedited. 3.

Registry is directed to list the matter at the final hearing board commencing from 10th September, 2018.

by Sachidanand Kuttan Nair Date: 2018.08.07 16:37:26 +0530 Sachidanand Kuttan Nair ( PRAKASH D. NAIK, J. )