Ccl Through Guradian v. The State Of Maharashtra

2023:BHC-AUG:21006 -1- 12-Cri.Appeal.677.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.677 OF 2023 CCL THROUGH GURADIAN

VERSUS

THE STATE OF MAHARASHTRA . . .

Advocate for Appellant : Mr. Nilesh S. Ghanekar APP for Respondent - State : Mr. S. J. Salgare . . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED : 25th SEPTEMBER, 2023 PER COURT :

1.

After hearing learned Advocate appearing for the appellant, when disinclination is shown, learned Advocate seeks withdrawal of the appeal. However, taking into consideration the age of the appellant, he makes a request that the trial be expedited and be made time bound.

2.

It will not be out of place to mention here that we have called the status report from the learned Judge of the Children Court/District Judge-8 and Additional Sessions Judge, Aurangabad. It appears that, he is assigned with other matters also and taking into consideration the pendency with him, he had given his opinion regarding the probable time that he would take for the disposal of the case. We are not convinced with the same in

-2- 12-Cri.Appeal.677.2023 entirety, however, being the Children Court and taking into consideration the age of the child, he is supposed to expedite the matters. Even if a Judge/Presiding Officer of the Court is having quite number of cases on his balance sheet, yet he will have to set up a line of preference of the cases which are required to be disposed of as early as possible. This is one of those cases. The appellant is now 18 years and it is alleged that the offence was committed when he was child and therefore this case needs to be expedited and made time bound.

3.

We therefore direct the learned trial Judge to dispose of the case expeditiously on or before 30.03.2024. He may take the case on day to day basis.

4.

Learned Advocate for the appellant is assuring that he will not ask for unnecessary adjournments and will cooperate for the expeditious disposal of the case.

5.

With these directions, the appeal stands dismissed as withdrawn.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale