Dr. Abid Mehabub Mowal And Others v. The Divisional Commissioner, Amrvati Division, Amravati And Others

18.01.apl.938.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 938/2015

(1. Dr. Abid Mehabub Mowal and others vs. The Divisional Commissioner, Amravati and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. A.D. Dangore, Advocate for applicants Ms.Ritu Kalia, APP for respondents CORAM: A.B.CHAUDHARI, J.

DATED : 18th January, 2016.

By the present Criminal Application (APL) No. 938/2015 filed under Section 482 of the Cr.P.C., the applicants seek a direction for hearing and disposal of the application that was filed by the applicants i.e Spl. Case (ACB) No. 3/2015, for discharge.

Learned counsel for the applicants submits that all the three applicants are possessing BAMS degree and out of them two applicants desire to appear for Maharashtra Public Service Commission, 2016 examination which, as per the schedule, would be held on 10th April, 2016. Learned counsel further states that there is a clause by which, due to the pendency of criminal case, the two applicants would be prohibited form appearing in the said examination. I have seen the first information report and the allegations therein. This Court had made an order on

18.01.apl.938.15 January 13, 2016 asking the Registrar (Judicial) of this Court to find out as to within what time the trial in Spl. Case (ACB) No. 3/2015 could be completed. Now, there is a report from the District Judge-2 Achalpur, over phone, that within three months, the learned Judge could be able to dispose of the said Special case. Hence the following order :

ORDER

1) Criminal Application (APL) No.938/2015 is disposed of with a direction to the learned District Judge-2, Achalpur {now: District Judge-1 (Special Cases)Court No.1} to dispose of Special Case (ACB) No. 3/2015, in any case, on or before 31st March, 2016.

2) The concerned ACB officers as well as the applicants are directed to cooperate with the court in getting disposal of the said case.

3) The applicants to appear before the trial Judge on 27.1.2016 for fixation of programme.

4) The learned APP to inform the concerned Prosecutor accordingly.

JUDGE sahare