Prahlad Awhad v. Bhupendra Gupta And ANR

1 /2 29-apl-915-16.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 915 of 2016.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Hemang Jariwala i/by Auroma Law for the applicant. Mr M.G. Shukla, APP for the State.

Smt. P.P. Bhosale, APP for the State.

CORAM : A.S.GADKARI, J.

DATE : 9th August, 2016 P.C.

1) Heard the learned counsel for the applicant and the learned APP for the respondent no.1.

2) By the present application under Section 482 of the Code of Criminal Procedure, 1973 the applicant-original complainant has prayed for issuance of directions to the learned Metropolitan Magistrate, 32nd Court at Bandra, Mumbai for expediting and concluding the trial of C.C. No. 21/SW/2011 filed by the applicant against the accused pending before Trial Court within the stipulated period.

3) The learned counsel for the applicant submitted that the applicant is a Senior Citizen and in view of the Circular issued by the High Court Administration dated 3/8/2009 precedence be given

2 /2 29-apl-915-16.doc to the complaint instituted by the applicant. The record reveals that the present complaint is filed in the year 2010 and same is numbered in the year 2011 and since then it is pending for final adjudication. The learned counsel for the applicant submitted that the Trial Court has framed charge against the accused on 24/2/2012 for the offences punishable under sections 406, 420 and 506 of the Indian Penal Code. Mr Shukla, the learned counsel appearing for the respondent no.1 submitted that appropriate orders may be passed in the interest of justice.

4) Taking into consideration the fact that the complaint filed by the applicant is pending since the year 2011 for final adjudication and that the applicant is a Senior Citizen, the Metropolitan Magistrate, 32nd Court at Bandra, Mumbai is hereby directed to make an endeavour and conclude the trial pertaining to C.C.No.21/SW/2011 within a period of one year from the date of receipt of the present order.

5) Application is disposed off in the aforesaid terms. (A.S. GADKARI, J.)