Dolly Mistry And ORS v. M/S. Fixity Packaging Pvt. Ltd. And ORS

apl.1301.17.11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1301 OF 2017 Dolly Mistry & Ors.

...Applicants

Versus

M/s. Fixity Packaging Pvt. Ltd. & Ors.

...Respondents

Mr. Abhijit Dilip Sarwate for the Applicants Mr. S. R. Shinde, A.P.P for the Respondent No.4-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 18 th JANUARY, 2018 P.C. :

Heard learned counsel for the applicants.

By this application, the applicants seek expeditious hearing of Criminal Case No. SCC/4511/2007 which is pending before the learned Judicial Magistrate, First Class No.7, Pune.

Learned counsel for the applicants submits that the case is of the year 2007 and that all the applicants are senior citizens and that most of the applicants are above the age of 80 years. He submits that only one SQ Pathan 1/2

apl.1301.17.11.doc witness has been examined till date and that there is no progress in the case. He relied on the summary of the cause list which is on pages 13 to 15 of the application.

Perused the papers. Admittedly, the 138 proceedings were filed on 29th January, 2007. The applicants are the complainants. A perusal of the proceedings show that only one witness has been examined and matter has been adjourned from time to time. All the applicants are senior citizens and some of them are above the age of 80 years. Considering the aforesaid, the application is allowed. The trial being SCC No. 4511 of 2007 of the applicants is expedited. The learned Judge shall decide the same as expeditiously as possible and preferably on day-to-day basis and in any event, on or before 5th May, 2018. Application is disposed of accordingly.

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

SQ Pathan 2/2