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Bombay High CourtWP/3814/2014trial be expedited

Salimkhan Rashidkhan Quraishi v. Goshala Panzarapol Sanstha And ANR.

2015-02-20Hon'Ble Shri Justice M.L. Tahaliyani2 pages

11)WP3814.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 3814 OF 2014 Salimkhan Rashidkhan Quraishi ..

Petitioner

Versus

Goshala Panzarapol Sanstha & Anr.

..

Respondents Mr. Mateen Shaikh i/b A. A. Siddiqui, Advocate for the petitioner Mr. P. B. Shah, Advocate for the respondent No. 1. Mr. V.B. Konde-Deshmukh, Advocate for the respondent-State. CORAM:-M.L. TAHALIYANI, J.

DATED : -20/02/2015 P.C.

Admitted. Learned counsel for respondent and learned APP for the respondent-State waive service. By consent of the parties taken up for final hearing forthwith. Heard the learned counsel for the parties.

This petition challenges the order passed by the Sessions Court, refusing to grant custody of the cattle to the petitioner. The petitioner claims to be the owner of the cattle. Respondent No. 1 is a Non-Government organization taking care of 1/2

11)WP3814.14 cattle. Respondent No. 2 is the State of Maharashtra. A similar case from Malegaon is directed to be heard finally by this Court. In my opinion, the issue involved in the present petition can be decided by the Magistrate after conclusion of the trial. In my opinion, the trial itself should not take more than five working days, if taken on day to day basis. In the circumstances, I pass the following order:

The learned Magistrate is directed to hear the criminal case arising out of FIR No. II-3018/2014 of Azad Nagar Police Station, Malegaon, expeditiously and shall decide the same within a period of one month from today. The issue regarding disposal of the property shall also be decided along with the final judgment. The petition stands disposed of accordingly.

(JUDGE) md.saleem 2/2