Navnith Suresh Tondwalkar v. The State Of Maharashtra

WP 5383-17.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5383 OF 2017 Navinath Suresh Tondwalkar .Petitioner Vs.

The State of Maharashtra .Respondent Mr. B. G. Tangsali i/b. Mr. P. Mairale, Advocate, for the Petitioner Mr. H. J. Dedhia, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

11.01.2018 P.C.

.

Heard learned counsel for the Petitioner.

2.

By this Petition, the Petitioner seeks expeditious disposal of Criminal Case No. 885 / PW / 2008 which is pending on the file of the 37th learned Metropolitan Magistrate's Court, Esplanade, Mumbai i. e. within six months.

3.

Learned counsel for the Petitioner submits that the Petitioner has been attending the trial Court, all the dates for almost more than nine years and that till date, only charge has been framed and not a single witness has been examined. He submits that at the highest,

WP 5383-17.doc there are about 5 - 6 witnesses that are required to be examined in the said case. He submits that the delay in conducting the trial is an inordinate and unjustifiable.

4.

Perused the papers. The case of the year 2008. Nine years have lapsed and till date, not a single witness has been examined. 5.

Considering the aforesaid, the Petition is allowed. The trial of case, being Criminal Case No. 885 / PW / 2008 pending on the file of 37th learned Metropolitan Magistrate's Court, Esplanade, Mumbai is expedited. The learned Judge shall make an endeavour to complete the case as expeditiously as possible and in any event within nine months from the date of receipt of this order.

6.

Accordingly, the Petition is disposed of.

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