Hitachi Koki India Private Limited v. The State Of Maharashtra And ORS

Nalawade A.S.

1 /1 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4743 OF 2015 office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Pranav Badhekar with Mr. Amey Mirajkar i/by AZB & Partners for the Petitioner.

Mr. Deepak Thakare, APP. for the State.

Mr.Anil Bagawe for Respondent Nos. 2 and 3.

CORAM : A.S.GADKARI, J.

DATE : 22nd March, 2016 P.C.

By the present petition filed under Article 227 of the Constitution of India the petitioner has prayed that Criminal Complaint No.113/S/2003 pending on the file of the learned Additional Chief Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai may be directed to be concluded within the time frame period. The learned counsel for the petitioner submitted that the petitioner-company is a complainant. The said compliant was filed on 20.3.2001 and since then the said complaint is pending for final adjudication. 2) The learned counsel for the petitioner further submitted that the respondent Nos. 2 and 3 who are the accused persons, had filed an application for discharge on 5.8.2003 below Exh.2 and the same was also pending for a period of about 13 years.

He submitted that the said application has been decided and rejected by an order dated 19.1.2016. 2) Be that as it may, since the complaint filed by the petitioner is pending on the file of the learned Additional Chief Metropolitan Magistrate, 23rd Court,Esplanade, Mumbai from the year 2001, the said Metropolitan Magistrate is hereby directed to conclude the trial pertaining to Complaint No.113/S/2003 on or before 31.12.2016.

3) Petition is allowed in the aforesaid terms.

(A.S. GADKARI, J.)