Rajni Gaosingh Karmavat v. Shivnath Pal @ Yadav And ORS

904-wp-3150-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 3150 OF 2017 Rajni Gaosingh Karmavat

...Petitioner

Versus

Shivnath Pal @ Yadav & Ors.

...Respondents

----- Mr.Omkar Nagwekar i/b. Ms.Prabha U. Badadare for the Petitioner. Mr.Sandesh D. Patil a/w. Ms.Anusha Amin for Respondent -CBI. Mr. N.B. Patil, APP for Respondent-State.

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 19 MARCH 2019 P.C.:

1.

This Writ Petition is directed against the order dated 25.07.2017 passed by the learned Sessions Judge in Criminal Misc. Application No. 362 of 2016.

2.

The petitioner/accused is facing prosecution under sections 366-A, 372, 120-B read with 34 of the Indian Penal Code and under sections 4,5 and 7 of Immoral Trafficking and Prevention Act. On 14.07.2014, the prosecution had examined nine witnesses and the statement of the petitioner/accused under section 313 of the Code of Criminal Procedure Trupti 1/2

904-wp-3150-2017.doc was recorded on 26.03.2016. The matter was adjourned for final arguments. At that time, the petitioner/accused moved an application for transfer of the case from the Judge to the other Court on trivial ground. The said application was rejected by the learned Sessions Judge. The order passed by the learned Sessions Judge is well reasoned order. No case is made out for transfer of the case. Hence, Writ Petition is dismissed with specific observation that the trial is unnecessarily dragged and pending since 2014. The learned Sessions Judge, who is seizin of the matter, to give top priority to this matter and decide it on or before 03.05.2019.

3.

Both the parties are directed to appear before the learned Sessions Judge on 26.03.2019. Parties to co-operate. 4.

Parties to act upon an authenticated copy of this order. (MRIDULA BHATKAR, J.) Trupti 2/2