Melatharu Mining Company Through Director Nubail Thaika Shuaib v. State Of Maharashtra

Nalawade 21-wp-3003-16 & appw-450-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3003 OF 2016 WITH CRIMINAL APPLICATION NO. 450 OF 2016 Melatharu Mining Company through Director Mr. Nubail Thaika Shuaib ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. Mahesh Rawool for the Petitioner.

Mr. A.R.Patil, APP. for the State.

Mr. Veerdhawal Deshmuklh for the Intervener.

Mr. Shivaji Mulik, SDPO, Sawantwadi present in Court. CORAM : A.S.GADKARI, J.

DATE : 04 October, 2018 P.C.:

1.

The learned APP. on instructions submitted that, in pursuance pf the Orders dated 5.3.2018 and 23.8.2018 and subsequent deliberation took place in the Court the Investigating OfÏcer has taken on record the concerned DVD, which was produced by the applicant, by effecting panchanama dated 1.10.2018. That, after seizure of the said DVD (document) a supplementary 1/2

Nalawade 21-wp-3003-16 & appw-450-16.doc charge sheet has been filed before the Court of Competent jurisdiction on 3.10.2018. The learned APP. has produced a photocopy of the supplementary charge sheet for the perusal of this Court and the same is returned to the learned APP.

2.

In view of the above, the grievance of petitioner does not survive and the application filed by the petitioner/ informant through the learned Special PP below Exhibit 140 in RCC No. 72/2007 is practically allowed. 3.

Petition is accordingly disposed off.

4.

The record indicates that, the Trial pertaining to RCC No.72/2007 is pending on the file of the learned Judicial Magistrate First Class, Sawantwadi for pretty long period for various reasons. In view thereof, the learned Magistrate seized of RCC No.72/2007 is hereby directed to expedite the hearing of the said case and to make an endeavour to conclude the same within a period of one year from today.

5.

In view of the order passed in W.P. No. 3003/2016, the intervention Application No. 450/2015 does not survive and the same is accordingly disposed off.

(A.S.GADKARI, J.) 2/2