Yasmin Mohamed Yunus Valibhoy Also Known As Mrs Yasmin Bharat Thacker v. The State Of Maharashtra And ORS

43-WP-2985-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2985 OF 2022 Yasmin Mohamed Yunus Valibhoy Also Known As Mrs Yasmin Bharat Thacker

...Petitioner

Versus

The State Of Maharashtra And Ors.

...Respondents

....

Mrs. Veena Thadhani a/w Mr. Snehal Gambhir, Advocate for the Petitioner.

Mr. Fenil Sangoi i/b Intralegal, Advocate for Respondent No.3-CSB. Mr. S. R. Agarkar, APP for the Respondent - State. Ms. Anuja Ghadge, Police Inspector, Economic Crime Branch, Mumbai

CORAM

:

PRAKASH D. NAIK, J.

DATE :

30th SEPTEMBER, 2022.

PER COURT :

1.

The only prayer sought in this Petition is to expedite the proceedings in Criminal case No.356/PW/2019 pending before the Court of learned Metropolitan Magistrate, 47th Court Esplanade Mumbai.

2.

Learned Advocate for the Petitioner submitted that initially the complaint was lodged in the year 2004. The complaint related to misappropriation of the amount lying in bank account of her husband. The Petitioner is in Singapore National and she came to followup the proceeding after the death of her husband. In these circumstances the trial Court may be directed to conclude the subject proceeding expeditiously.

Kiran Kawre

43-WP-2985-2022.doc 3.

Learned APP on instruction submits that, the present case is among the list of not heard cases. The Court is burdened with several other cases. It will no be possible for the trial Court to decide the case immediately.

4.

The learned counsel for the Respondent No.3-accused submitted that, the Court may pass appropriate order with regard to directions to expeditiously dispose of the proceedings. 5.

Considering the aforesaid circumstance, I pass the following order.

ORDER

i. The hearing of C.C. No.356/PW/2019 pending before the Court of learned Metropolitan Magistrate, 47th Esplanade, Mumbai is expedited.

ii. The trial Court is requested to make an endeavor to conclude the case expeditiously and as far as possible within a period of two years from the date of receipt of this order.

iii.

Petition stands disposed off.

(PRAKASH D. NAIK, J.) Kiran Kawre