Mohammad Iqbal S/O. Md. Sarwar v. State Of Mah. Thr. P.S.O. Arni, Dist. Yavatmal And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 203 OF 2023.

Mohammad Iqbal Md. Sarwar -VERSUSState of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri B.M. Lonare, A.P.P. for Respondent No.1. CORAM : M.M. NERLIKAR, J.

DATE : SEPTEMBER 18, 2025.

Letter Dated 03.09.2025.

This Court on dated 16.02.2024 while dismissing the petition, passed the following order in clause no.12.

"12.

Since the vehicle is kept as a security in this crime therefore, learned Magistrate to see that the trial be concluded as early as possible and not later than six months from today."

2.

Thus, it was expected that the case should have been decided by 16.08.2024, however, it seems from the record that though the Registry of this Court

has received a letter dated 14.08.2024 seeking extension of time of 6 months, the said letter was not placed before the Court.

3.

Today a letter dated 03.09.2025 is received from the learned District Judge, Yavatmal along with a letter dated 29.08.2025 by the Judicial Magistrate First Class, seeking extension of 6 months time.

4.

It is surprising to note that without there being any extension granted by this Court, the R.C.C.No.203/2022 is going on. The Judicial Magistrate who has forwarded the said letter dated 14.08.2024 to this Court, which was not placed before the Court and therefore no orders could be passed therein.

5.

It is painful to mention that in absence of any extension, the trial Court ought to have given reminders to the Registry of this Court in respect of the letter dated 14.08.2024, however, this exercise was not undertaken by the concerned Court, and it proceeded further as if the extension was granted on the letter dated 14.08.2024.

6.

Now in the peculiar facts and circumstances

of the case, I deem it appropriate to consider the letter dated 03.09.2025 and 29.08.2025. For the reasons set out in these letters, extension of one month is granted. The learned J.M.F.C. shall take all efforts to conclude the trial within the extended time. It is also required to be noted that the J.M.F.C. who has forwarded the letter dated 14.08.2024 and letter dated 29.08.2025, is one of the same. Henceforth, the concerned Magistrate shall take care and caution to seek necessary order in such circumstances.

7.

Registrar (Judicial) to communicate this order to the concerned Court.

JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 19/09/2025 10:46:59