Satish S/O Harishchandra Thool v. The State Of Maharashtra, Thr. Secretary, Department Of Home, Mumbai And Others

Order 1104wp496.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 496/2016.

Satish Harishchandra Thool -VERSUSThe State of Maharashtra and others.

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

CORAM : B. P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATE : APRIL 11, 2017.

Shri M. Yesaji, learned Counsel holding for Shri S. Raisuddin, Advocate for the petitioner and Shri V.A. Thakare, learned A.P.P. for respondents. 2.

Adjournment is being sought on behalf of Shri Raisuddin, learned counsel for petitioner. Learned A.P.P. is opposing any adjournment. He submits that even if any relief is granted, loss of time may cause prejudice not only to the applicant but, to the investigating agency also.

3.

In view of this statement, we have perused

Order 1104wp496.16 papers. It is apparent that the matter has been adjourned on more than 4 occasions and as yet this Court has not issued even formal notice. The papers prima facie show that death was due to drowning. 4.

The death has taken place in July, 2010 i.e. more than 6 years back. This proceedings has been filed on 28.02.2016 under Articles 226 and 227 of the Constitution of India, but, have not been prosecuted effectively thereafter.

5.

In this situation, we find that no effective purpose would be served by keeping the matter pending. Hence, with liberty to petitioner to take such other steps as are open to him in law, we dispose of the present proceedings. No costs.

JUDGE JUDGE Rgd.