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Bombay High CourtAPPLN/4199/2024disposed off

Ashok S/O. Nathu Bhosale And Others v. The State Of Maharashtra And Another

2025-02-04Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

901-appln-4199-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO.4199 OF 2024 IN WP/1743/2019 ASHOK S/O. NATHU BHOSALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. K. B. Jadhav, Advocate for Applicants.

Mr. V. K. Kotecha, APP for Respondent No.1/State. ...

CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE : 09 MAY 2025 ORDER :

.

In view of our order dated 09.04.2025, the In-charge Assistant Director and Public Prosecutor, Ahilyanagar appears to have communicated the order as well as need for the appointment of the Assistant Public Prosecutors in the Courts at Ahilyanagar with the District Magistrate, Ahilyanagar by letter dated 06.05.2025. Today, the learned APP is producing the communication on behalf of the District Magistrate to him dated 08.05.2025, which appears to be in response to the communication by In-charge Assistant Director and Public Prosecutor, Ahilyanagar. Both the letters are taken on record by marking as Exhibit-'X'. We had pointed out that taking into consideration the criminal courts functioning at Ahilyanagar, steps should be taken for the [1]

901-appln-4199-2024.odt appointment of Assistant Public Prosecutor which would be taken as per Section 19(3) of the Bhariya Nagrik Suraksha Sanhita now and thereupon, the District Magistrate, Ahilyanagar has stated that he would start the process. The process involves advertisement, receiving applications, then scrutiny and then interview which would require at least 1 to 1 1⁄2 months. Therefore, taking into consideration this assurance that the learned District Magistrate, Ahilyanagar would take up the matter of appointment of Assistant Public Prosecutors for the entire district and not limited to Ahilyanagar city within a period of 15 days i.e.

process to be started and would complete the said process by the end of June 2025 so that the Assistant Public Prosecutors are made available for 31 criminal Courts at Headquarter in Ahilyanagar and also taking into consideration the entire district, the figure may go up. This process would speed up the criminal jurisdiction delivery system and the action would protect the rights of victims as well as the accused persons to have speedy trial. We hope and trust that the District Magistrate, Ahilyanagar would abide by the time schedule. 2.

Place the matter for compliance on 07.07.2025. [ SANJAY A. DESHMUKH ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]