Varsha Prabhakar Deshmukh And ORS v. Vivek Vasantrao Suryavanshi And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2680 OF 2017 Varsha Prabhakar Deshmukh & Ors.

....Petitioners V/s.

Vivek V. Suryavanshi & Anr.

....Respondents Mr. Milind Deshmukh, Advocate for Petitioners. Mrs. Anamika Malhotra, APP for the Respondent No.2-State. Mr. A.B.Tajane, Advocate for Respondent No.1. ****** CORAM :- R.M.SAVANT & CORAM :- R.M.SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 13TH FEBRUARY, 2018.

13TH FEBRUARY, 2018.

P.C. :- P.C. :- The learned APP Mrs. Malhotra draws our attention to the order dated 1.9.2009 passed by the learned Additional Sessions Judge, Nashik by which order, the Criminal Miscellaneous Application No.823 of 2007 filed by the Petitioner for condonation of delay in filing the Revision Application came to be rejected. The said Revision Application was filed against the order dated 16.7.2003 passed by the learned JMFC in Regular Criminal Case No.89 of 2003 issuing process. The challenge in the said Criminal Revision Application was on the same grounds as the challenge raised in the instant Writ Petition albeit that there is a additional Shivgan

* 2/2 * 5-WP-2680-2017.doc ground in Writ Petition of delay in the proceedings. In the teeth of the order dated 1.9.2009 passed by the learned Additional Sessions Judge, Nashik, we decline to entertain the above Writ Petition. However, we find from the roznama which is annexed to the above Petition that the progress of the case in question is not as expected. We, therefore, expedite the trial.

With the direction as aforesaid, the Writ Petition is dismissed.

(SANDEEP K. SHINDE, J.) (SANDEEP K. SHINDE, J.) (R.M.SAVANT, J.) (R.M.SAVANT, J.) Shivgan