Bombay High CourtAPL/475/2013partly allowed

Dr. Chetan Gajanan Khutemate (Eye Surgeon) And 4 Others v. State Of Maharashtra Through Police Station Officer, Durgapur Police Station And Another

2018-01-16Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 apl475 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APL) NO. 475 OF 2013 (Dr. Chetan Gajanan Khutemate and 4 ors..vs..State, thr Durgapur PS, Dist.Chandrapur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.P. Joshi, counsel for applicants.

Mr. T.A. Mirza, Addl. Public Prosecutor for respondent no.1. Mr. N.A. Chavan, counsel for respondent no. 2. CORAM : P.N. DESHMUKH AND ROHIT B. DEO, J.

DATED : 29-01-2019 Perused letter dated 16.1.2019 from 5th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Chandrapur for extension of time by six months for concluding trial in Regular Criminal Case 439 of 2013 which is expedited by order of this Court to be concluded within one year. Request is made for extension of further time of six months on the ground that witnesses are not available.

We find that charge is framed almost about one year before on 12.2.2018 and thereafter out of 14 witnesses, only two witnesses are examined. On 14.1.2019, though 3 witnesses were present, only one is examined.

Considering the manner in which trial is being conducted, we find that the learned trial Court is showing much leniency to prosecution inspite of fact that

2 apl475 of 2013 trial is expedited by the Court. In that view of the matter, we are inclined to extend further time lastly, by a period of three months to conclude the trial. Needless to state that prosecution shall extend fullest cooperation to the Court for concluding the trial.

List after three months.

Registrar (J) to communicate order to the concerned Court.

JUDGE JUDGE Belkhede