Asha Rajesh Lande v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 384 OF 2022 ASHA RAJESH LANDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant/Petitioner : Mr. Kiran M. Nagarkar APP for Respondent No.1/State : Mr. A. V. Deshmukh ...

CORAM : SARANG V. KOTWAL & BHARAT P. DESHPANDE, JJ.

DATE : 14th JULY 2022.

Per Court :

1.

This petition is filed with the prayer that the learned Chief Judicial Magistrate, Ahmednagar be directed to decide the Regular Criminal Case No. 515/2019 as early as possible in stipulated time as be deems fit. It is the contention of the Petitioner that the trial is not progressing further. The Respondent No.2 who is an accused No.6 has filed Criminal Application No.1479/2019 before this Court, seeking quashing of the same proceeding and on the request of learned Counsel for Respondent No.2, the learned Judicial Magistrate First Class,

Ahmednagar had adjourned the matter.

2.

We have heard the parties. Though separate notice is not issued in this Writ Petition but this Writ Petition is tagged with Criminal Application No. 1479/2019, which is filed by Respondent No.2 herein for quashing of the proceedings. Since the learned Counsel is appearing for Respondent No.2 in the Criminal Application No. 1479/2019, we have heard the advocate on record in Criminal Application No. 1479/2019 on behalf of the Respondent No.2 herein. He waives service of notice in this petition. We have heard respective Counsel for the parties. Learned Senior Counsel for Respondent No.2 states that settlement talks are in progress and the matter is almost settled.

Learned Counsel for the Petitioner disputes this fact, however without going into the rival contentions, it is made clear that there is no stay operating in favour of the Respondent No.2 in Criminal Application No. 1479/2019 wherein he is the Applicant. There is no dispute about this fact and there is no stay, therefore the learned Judicial Magistrate First Class, Ahmednagar can proceed with R.C.C. NO. 515/2019 in due course as per its turn.

3.

With this direction, the Criminal Writ Petition No. 384/2022 is disposed of.

[ BHARAT P. DESHPANDE, J.] [ SARANG V. KOTWAL, J.] Najeeb...