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Bombay High CourtBA/1178/2019dismissed as withdrawn

Prashant Prabhakarrao Borade v. The State Of Maharashtra Thr. Pso Police Station Warud, Amravati

2020-01-15Hon'Ble Shri Justice V.M. Deshpande2 pages

ba1178.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1178/2019 Prashant Prabhakarrao Borade .vs. State of Maharashtra through PSO P.s. Warud, Dist. Amravati.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. M. N. Ali, Advocate for applicant.

Mr. P. S. Tembhare, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 15, 2020 Heard Mr. Ali, learned counsel for applicant and Mr. Tembhare, learned A.P.P. for non applicant-State. Also perused the entire charge-sheet.

After considering the submissions of learned counsel for the parties and after perusing the prosecution case, when the Court was about to dismiss the application, Mr. Ali, learned counsel for applicant, submits that he wishes to withdraw the present application.

It is further submission of Mr. Ali, learned counsel for applicant, that the case against applicant and coaccused is already registered as Special Case No.204/2019 and it is pending on the file of learned Additional Sessions Judge-5, Amravati. He also submits that the learned Sessions Judge has already framed the charge on 04.12.2019 against the applicant and other co-accused persons. He, therefore, prays that directions be given to the learned Sessions Judge, before whom the trial is pending, to decide the trial, expeditiously.

ba1178.19.odt The application is dismissed as withdrawn.

Since learned counsel for applicant is withdrawing the application, the Court is not giving detailed reasons as to why the application needs dismissal. An Under Trial Prisoner has a right to get his trial decided expeditiously. Since, charge is already framed by the learned Additional Sessions Judge, in whose Court Special Case No. 204/2019 is pending and in which the present applicant is shown as one of the accused, shall decide the same, in accordance with law, as expeditiously as possible and not later than one year from the date of receipt of this order.

JUDGE kahale