Mahendra Rajendra Bochare v. The State Of Maharashtra

946-CRI.WP-1274-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1274 OF 2022 MAHENDRA RAJENDRA BOCHARE

VERSUS

THE STATE OF MAHARASHTRA . . .

Advocate for Petitioner : Mr. V. A. Mundhe h/f. Mr. Murlidhar S. Karad APP for Respondent - State : Mr. V. S. Badakh . . .

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 31 MARCH 2023 PER COURT :

The petitioner is aggrieved by the inaction. Though the Investigating Officer has submitted final report in the form of 'B' summary proceeding before the jurisdictional Magistrate in Crime No.336 of 2016 on 05.11.2016, till date the learned Magistrate has not passed any order on that report either accepting or rejecting the same. 2.

We have gone through the papers. The petitioner has annexed a copy of the final report submitted by the Investigating Officer (Exh.'B' ) which clearly shows that it was filed way back in the year 2016 and is stated to be still pending.

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946-CRI.WP-1274-2022.odt 3.

A copy of roznama in Summary Report No. 7 of 2016 pending on the file of Special Court is also produced on record (Exh. 'D') showing that it is still pending.

4.

Without expressing anything on merits we dispose of the writ petition by directing the Special Court, Jalna before which Summary Case No. 7 of 2016 is pending, to pass final order as expeditiously as possible, and in any event, within three months.

5.

We request the learned Judge of the Special Court to submit a detail report indicating the circumstances which have led to such a incomprehensible delay, to be filed within four weeks. (ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2