Vilas Savlaram Kirloskar v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION .

CRIMINAL APPLICATION NO.1674 OF 2019 Vilas Savlaram Kirloskar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Prashant Gurav, for the Applicant.

Mr. A. R. Patil, A.P.P for the Respondent - State. PSI - M. A. Mane, Vile Parle Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 5th DECEMBER, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks expeditious disposal of his case being C.C. No.1163/PW/2009, which is pending before the learned Metropolitan Magistrate, 65th Court at Andheri, Mumbai and prays that the said case be made time bound.

3.

Perused the papers. The applicant is an accused in C.R. No.96 of 2019, registered with the Vile Parle Police Station, Mumbai, for the alleged offence punishable under Section 408 of the Indian Penal Code. The

2/3 alleged offence, as disclosed in the FIR is stated to have taken place during the period 22nd March, 2002 to 1st April, 2008. It appears that pursuant to the registration of the offence, the applicant was arrested and thereafter released on bail, within a few days. After investigation, charge-sheet was filed on 15th September, 2009 and the case was numbered as C.C.

No.1163/PW/2009. It appears that in June 2014, charge was framed as against the applicant, to which he pleaded not guilty and claimed to be tried. The prosecution has till date examined 2 witnesses i.e. PW 1 - Dr. Pethe and PW 2 - Mr.Kudale. The last witness i.e. PW 2 was examined on 29th September, 2018. It appears that there has been no substantive progress in the case thereafter.

4.

Today, the learned APP states on instructions that the prosecution till date has examined two witnesses and intends to examine three more witnesses. Statement accepted. Since the trial is pending, it would be appropriate to direct the the learned Metropolitan Magistrate, 65th Court at Andheri, Mumbai, to expedite the said case and decide the same, as expeditiously as possible and in any event within 6 months from the date of receipt of this order.

3/3 5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

6.

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