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Bombay High CourtAPL/1095/2018others disposed off

M/S. Casanova Multi Ventures Private Limited Thr Kamal Golchha v. The State Of Maharashtra And ANR

2019-06-25Hon'Ble Shri Justice S.S. Shinde2 pages

(29) apl-1095.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1095 OF 2018 M/s. Casnova Multi Ventures Private Limited Through Kamal Golchha : Applicant.

Versus

The State of Maharashtra and anr. : Respondents. Mr. Vinit V Jain for the Applicant.

Mrs. G P Mulekar, APP for the Respondent/State. Mr. Rohan Samant for Respondent No.2.

Mr. Kiran S Mandhare, PSI of Sewree Police Station present.

CORAM

:

S. S. SHINDE, J DATE :

25th June 2019 P.C.

Heard the learned counsel for the parties.

During the course of arguments, the learned APP, on instructions of the PSI of Sewree Police Station Mr. Kiran S Mandhare, submits that the charge sheet has already been filed and the amount about Rs.Fourteen Lakhs and the goods in question have been recovered during the course of the investigation.

The present Criminal Application raises disputed question of facts and also the appreciation of various documents. The Applicant and Respondent No.2 who have filed applications before the Trial Court, claim that lgc

(29) apl-1095.18.doc the goods in question belong to them.

It is not possible for this Court to undertake the exercise of disputed question of facts and arrive at a conclusion. In that view of the matter, the ends of justice would be met if the trial court is directed to decide the pending proceedings in C R No.113 of 2018 within stipulated period. Accordingly the Trial Court is directed to decide the said proceedings as expeditiously as possible, however, within a period of six months from today subject to cooperation given by the parties to the proceedings. The learned counsel for Respondent No.2 submits that Respondent No.2 has filed revision application. The said revision application filed by Respondent No.2 would remain unaffected.

In the light of the aforesaid observations, no interference is called for in the impugned order. The Criminal Application stands disposed of. [S. S. SHINDE , J] lgc