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Bombay High CourtWP/5059/2014trial be expedited

Hamid A. Indapurwala v. The State Of Maharashtra And ORS.

2015-01-27Hon'Ble Shri Justice M.L. Tahaliyani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 5059 OF 2014 Shri Hamid A. Indapurwala ... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Mr. D.W. Bhosale, Advocate for the Petitioner. Mr. D. R. More, APP for Respondent No.1 - State. --- CORAM : M.L.TAHALIYANI,J.

DATE : 27 JANUARY, 2015 P.C. :

This writ petition shall be converted in the criminal application under section 482 the Criminal Procedure Code. Heard learned Advocate appearing for the Petitioner / Applicant and learned additional public prosecutor for Respondent No.1 - State of Maharashtra. Names of Respondent Nos. 2, 3 and 4 be deleted.

The Petitioner is the complainant in Criminal Case No. 494/P/2003, pending in the court of Metropolitan Magistrate, 26th Court Borivali Court, Mumbai. It is brought to my notice that though the case is filed in the court 11 years ago and though the FIR was registered in the year 2001, the Borey 1/2

spb/ 11wp5059-14.doc trial has not yet begun. In my opinion, it is high time that the learned Magistrate looks into the matter and takes up the trial as expeditiously as possible.

Hence, the trial Magistrate is directed to hear the criminal case no. 494/P/2003 w.e. from 2nd February, 2015 and shall conclude the same within a period of three months from the date of commencement of the trial. It is made clear to the learned Magistrate that he should avoid praying for extension of time.

Compliance report shall be submitted to this court. The Application stands disposed of.

(JUDGE) .....

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