Mirza Raziullah Baig v. Mushtak Munna Khan And ORS

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3976 OF 2017 Mirza Raziullah Baig

...Petitioner

Versus

Mushtak Munna Khan and Ors.

...Respondents

Mr.Ganesh Misal i/b Mr.Amey Deshpande, for the Petitioner. Mr.Yogesh Dabke, A.P.P for the Respondent No.3-State. CORAM : REVATI MOHITE DERE, J.

DATE : 25th JANUARY, 2018 P.C. :

1.

At the outset, learned counsel for the petitioner seeks leave to amend the petition. Leave granted. Amendment to be carried out forthwith. 2.

By this petition, the petitioner seeks expeditious disposal of his cases, which are pending before the learned Judicial Magistrate First Class, Court Room No.28, Pune and preferably on day-to-day basis. 3.

Perused the papers. The petitioner is the original complainant,

2/3 who is about 85 years of age. The petitioner had lodged 3 FIRs', which resulted in filing of the charge-sheet in all the 3 cases and one private complaint as against the respondent nos.1 and 2. The learned Sessions Judge, Pune, vide order dated 16th September, 2014, passed below Exhibit - 1 (Criminal Miscellaneous Application No.198 of 2014) was pleased to transfer all the cases i.e. Regular Criminal Case Nos.520 of 2009, pending on the file of the 30th Joint Civil Judge Junior Division and Judicial Magistrate, First Class; Regular Criminal Case Nos.656 of 2013, pending on the file of the learned Judicial Magistrate, First Class, Pimpri and Regular Criminal Case Nos.

1376 of 2007, pending on the file of the 6th Joint Civil Judge, Junior Division and Judicial Magistrate, First Class, Pune to the Court of the 23rd Joint Civil Judge, Junior Division and Judicial Magistrate, First Class, where RCC No.610 of 2006, was pending, for disposal in accordance with law. The petitioner is aged 85 years. One of the case is of the year 2007. The respondents in all the cases are the same. It is also informed that presently all the cases are pending before the learned Judicial Magistrate First Class, Court Room No.28, Pune.

3/3 4.

Considering the age of the petitioner and the fact that all the cases mentioned hereinabove in para 3, are pending before one Court, the learned Judicial Magistrate First Class, Court Room No.28, Pune, is directed to decide the said cases, as expeditiously as possible and preferably on day-to-day basis, and in any event within six months from the date of receipt of this order.

5.

Petition is allowed and disposed of in above terms. 6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.