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Bombay High CourtAPPW/227/2023disposed off

Anshul Shrikant Tiwari v. Smt. Divya W/O Anshul Tiwari

2024-01-09Hon'Ble Shri Justice M. W. Chandwani2 pages

appw227.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT B

O MBAY NAGP U R BENCH, N A GPUR CRIMINAL APPLICATION (APPW) NO.

IN CRIMINAL WRIT PETITION NO.152 OF 2020 (Anshul s/o Shrikant Tiwari Vs. Mrs. Divya w/o Anshul Tiwari) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. S. Tiwari, Advocate for Applicant.

CORAM: M. W. CHANDWANI , J.

DATE: 9 th JANUARY, .

The grievance of the applicant is that despite the direction issued by this Court on 21.12.2020 directing the trial court to complete the trial as early as possible, the trial has not been concluded till the date, the request is made to make the trial time bound.

2.

The report of the learned 15th Joint Civil Judge, Senior Division, Nagpur (15th Jt. CJSD) goes to shows that another Special Court which was dealing with the cases filed under Domestic Violence Act is disallowed and pending cases were transferred to 15th Jt. CJSD, Nagpur.

As on 27.12.2023, 3455 cases are pending in that Court. The learned counsel for the applicant has placed on record detail of pending case which shows about 200 cases registered prior to Misc. Criminal Application No.1370/2016 are pending in the said Court. Thus, it appears that the Court is heavily burden to the cases under Domestic

appw227.23.O.odt Violence Act. The learned counsel for the applicant submits that recently another Special Court is created to decide the matter under Domestic Violence Act i.e. 18th Joint Civil Judge, Senior Division and ACJ, Nagpur and cases were transferred from 15th Jt. CJSD, Nagpur to the another Special Court.

3.

It appears that the present case is pending since more than seven years. The applicant submits that he will examine himself and will not examine any other witness. In view of this scenario, it will be appropriate to direct the trial court to dispose of the matter in time bound manner. 4.

The trial court is directed to dispose of the Misc. Criminal Application No.1370/2016 within a period of six months from today.

5.

Accordingly, the application is disposed of.

JUDGE NSN