Milind Vidyasagar Ghate v. The State Of Maharashtra
1 16-appln 629-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 629 OF 2023 IN CRIMINAL WRIT PETITION NO. 1305 OF 2018 Milind Vidyasagar Ghate .. Applicant
Versus
The State of Maharashtra .. Respondent Ms. Rashmi S. Kulkarni, Advocate for the Applicant. Mr. S. R. Yadav-Lonikar, APP for Respondent.
CORAM : KISHORE C. SANT, J.
DATED : 17th FEBRUARY, 2023.
P. C. :- .
Heard learned advocate for the applicant and learned A.P.P. for respondent. The applicant by way of this application has pointed out that though the application of this applicant for discharge was heard long back that is on 03.08.2022, still no order is passed and now on 20.01.2023 the matter is adjourned to 05.04.2023 that is almost for four (04) months. In roznama dated 30.08.2022 it is noted that "stayed by Hon'ble High Court". Learned advocate for the applicant specifically states that there is no stay granted by this Court to the knowledge of the applicant and still no order is passed by the learned Trial Judge.
2 16-appln 629-2023.odt 2.
Normally, this Court would not have entertained this petition. Since, the matter is adjourned directly for more than three and half months and when the discharge application was heard long back that is on 03.08.2022, this Court finds that, in this view of the application, the application can be entertained to the extent of prayer clause (B) wherein, the applicant has prayed for expeditious disposal of the Exh. 178 in R.C.C. No. 401/2010.
3.
The criminal application is allowed only so far as directing the Trial Court to decide the application within a stipulated period. The Trial court is requested to decide the application below Exh. 178 in R.C.C. No. 401/2010 pending on the file of learned J.M.F.C., Chalisgaon as expeditiously as possible and preferably within a period of one (01) month from today since the matter was heard long back. 4.
The criminal application is disposed off.
( KISHORE C. SANT, J. ) P.S.B.