Bombay High CourtAPPR/401/2015others disposed off

Sayyed Mohammad Raza v. The State Of Maharashtra

2016-04-22Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 APPR-401-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLLICATION NO.401 OF 2015 IN CRIMINAL REVISION APPLICATION NO.447 OF 2013 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prakash Wagh for the Applicant.

Mrs. Poonam Bhosale, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

22nd April,2016.

P.C.

This is an application for directions to the registry of this Court to send the record and proceedings pertaining to Sessions Case No.520 of 2013 to the Court of Sessions, Mumbai immediately. 2) The learned counsel for the applicant submitted that the record and proceedings pertaining to Sessions Case No.520 of 2013 was called for by this Court by an order dated 22.9.2014 in Criminal Revision Application No.447 of 2013. That though the said revision application No.447 of 2013 was disposed of by this Court by an order dated 3.7.2015 the record and proceedings pertaining to Sessions Case No.520 of 2013 has not been sent back by the registry of this Court to the concerned Court. He further submitted that the discharge application preferred by the respondent herein and the applicant in Criminal Revision No.447 of 2013 is still pending on the file of the learned Trial Court and the same is not yet decided despite the order dated 3.7.2015 passed in the afore stated revision

Nalawade A.S.

2 /2 APPR-401-15 application for want of the record and proceedings. 3) In view of the above, the registry is hereby directed to send back the the record and proceedings of Sessions Case No.520 of 2013 to the Sessions Court, Mumbai within a period of 4-weeks from today, if not send earlier.

4) The learned Sessions Judge seized of the Sessions Case No.520 of 2013 is hereby directed to decide the discharge application preferred by the accused finally within a period of 3 months from the date of receipt of this order. 5) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)