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Bombay High CourtWP/4753/2018other disposed off

Neville Gomes Through His Power Of Attorney Holder Susan Joseph Napier v. The State Of Maharashtra

2018-10-24Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

526.WP4753_2018.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4753 OF 2018 Neville Gomes through POA Mrs. Susan Joseph Napier ...

Petitioner vs.

The State of Maharashtra ...

Respondent Mr. Manas N. Gawankar i/b. Mr. M.V. Thorat, Advocate for the petitioner.

Mrs. Rutuja Ambekar, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 24th October, 2018 P.C. :

Upon mentioning, taken on production board.

2.

This Writ Petition is filed seeking order that the direction be given to learned 39th Metropolitan Magistrate, Vile Parle to pass the order in Discharge Application at Exhibit D-20. 3.

The learned counsel for the petitioner submitted that the petitioner has filed discharge application on 21st June, 2017. He submitted that the said application was argued and kept for orders on 3rd November, 2017 but till today, no order is passed. The learned counsel submitted that the petitioner is 73 years old.

526.WP4753_2018.doc 4.

Learned APP submits to the order of this Court. 5.

No issue is involved in this Writ Petition, as only directions are sought by the petitioner, who is senior citizen, that the learned 39th Metropolitan Magistrate be directed to pass the order in Discharge Application at Exhibit D-20. The Discharge Application was heard way back in November, 2017 and yet no order is passed, so the learned 39th Metropolitan Magistrate is directed to pass the order, if at all the matter is argued, and conclude it on or before 15th December, 2018.

6.

Writ Petition is disposed of accordingly.

(MRIDULA BHATKAR, J.)