Manjusha Nayan Barahate v. The State Of Maharashtra And Another

crwp1132.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1132 OF 2014 Manjusha Nayan Barahate

...Petitioner

VERSUS

The State of Maharashtra & anr.

...Respondents

.....

Shri A.S.Savale, advocate for petitioner Shri M.M.Nerlikar, A.P.P. for respondent no.1/State Shri S.D.Tawshikar and Shri A.R.Devkate, advocates for resp.no.2 .....

CORAM : A.B.CHAUDHARI AND INDIRA K.JAIN, JJ.

DATED : 31 st August, 2015 O R D E R :

1] Heard learned counsel for the rival parties.

2] Learned Additional Public Prosecutor Shri M.M.Nerlikar states that the charge sheet in the matter was filed five years before.

3] Learned counsel for the petitioner fairly states that the trial has already progressed, but then he wants adjournment.

crwp1132.14 4] In view of the fact that, charge sheet has been filed before five years, we think, the petitioner can have the effective remedy of defending the charge before the Trial Judge. 5] We also grant liberty to the petitioner to apply for discharge if so advised. However, the learned trial court may not entertain the application for discharge, if trial has already commenced.

6] Application is disposed of with the liberty as aforesaid.

[INDIRA K.JAIN, J.] [A.B.CHAUDHARI, J.] dbm/crwp1132.14