Mayank Mohan Sharma v. The State Of Maharashtra

Dusane 1/2 1 appln 715.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.715 OF 2018 Shri. Mayank Mohan Sharma ....

Applicant Vs.

The State of Maharashtra & Ors.

....

Respondents Mr. Hrishikesh Mundargi I/by Mr. Madan Gupta for the Applicant. Mr. S.R. Agarkar, APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 7th June 2019 P.C.:

1.

The applicant herein is an accused in C.R. No.05 of 2012 registered at Cyber Police Station, BKC, for the offences punishable under Sections 66A and 67 of the Information Technology Act, 2000, Section 2 of the Prevention of Insults to National Honour Act, 1971 and Section 506(2) of Indian Penal Code.

2.

The applicant had filed a petition seeking quashing of F.I.R.. The petition was disposed of with liberty to file discharge application. Accordingly, the applicant has filed Criminal Application (Exhibit 9) for discharge.

Dusane 2/2 1 appln 715.2018.doc 3.

Learned counsel submits that the said application is filed in the year 2014 and till today, the same has not been disposed of. The Discharge Application cannot be kept pending for years together, as it would prolong the original criminal proceedings. 4.

In view of this, the Metropolitan Magistrate, 37th Court, Esplanade Court, Mumbai seized with Discharge Application (Exhibit

9) is hereby directed to hear and decide the said discharge application by 31st July 2019.

5.

With these directions, the Criminal Application stands disposed of.

( Smt. Sadhana S. Jadhav, J)