Rasmeshchandra Dixit v. State Of Mah., Thr. P.S.O. P.S. Gondia Distgondia

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.281 OF 2020 Ramesh Chandra Dixit Aged: 59, Occ: Business, R/o. Bilaspur, Chattisgarh .... APPLICANT // VERSUS // State of Maharashtra, through Police Station Officer, Police Station, Gondia, Dist. Gondia.

.... NON-APPLICANT -------------------------------------------------------------------------------------------- Shri P.V. Ghare, Advocate h/f Shri R.A. Pande, Advocate for the applicant. Ms Mayuri Deshmukh, A.P.P. for the non-applicant/State. -------------------------------------------------------------------------------------------

CORAM

: Z.A HAQ AND AMIT B. BORKAR, JJ.

DATE : 11 FEBRUARY, 2021.

JUDGMENT: [PER: AMIT B. BORKAR, J.] 1.

Rule. Rule is made returnable forthwith.

2.

By this application under Section 482 of the Code of Criminal Procedure, the applicant who is father of the victim had sought direction against Sessions Court, Gondia to expedite

Sessions Trial No.59/2017 to be concluded in a time bound manner. It is stated in the application that the applicant is the father of the one of the victim who succumbed to the injuries in the fire caused by Bindal Plaza situated at Gondia on 21st December 2016. It is further stated that the Sessions Trial No.59/2017 is pending before Principal, District and Sessions Judge, Gondia. It is further stated that the charges in the said trial were framed on 19th November 2018, thereafter there is no progress in the trial.

3.

The cause title of the application shows that applicant/accused are not made party to the present application. In absence of the accused, the present application cannot be entertained.

4.

However, in the facts of the present case, we are satisfied that in the interest of justice, the Sessions Trial No.59/2017 be expedited.

5.

In view of the judgment in the Apex Court in the case of Hussain and another v. Union of India with Aasu v. State of

Rajasthan reported in AIR 2017 SC 1362, we therefore, pass the following order:- (i) The learned Sessions Court is directed to decide Sessions Trial No.59/2017 on or before 15th June 2021. The application is therefore, disposed of accordingly. JUDGE JUDGE Manisha