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Bombay High CourtBA/1237/2017dismissed

Prashant S/O. Daulat Kurwate (In Jail) v. State Of Maharashtra Thr. Pso Police Station Chincholi Dist. Chandrapur

2017-12-20Hon'Ble Shri Justice V.M. Deshpande2 pages

ba1237.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1237/2017 Prashant s/o Daulat Kurwate ..vs.. The State of Maharashtra thr. PSO P.S. Chincholi, Dist. Chandrapur ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. C. Jaltare, Advocate for the applicant. Mr. V. A. Thakare, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : DECEMBER 20, 2017 1.

Heard Mr. Jaltare, Advocate for the applicant and Mr. Thakare, A.P.P. for non applicant-State.

2.

The applicant is arrested in connection with Crime No. 33/2015 registered with Police Station DurgapurChincholi, Dist. Chandrapur for an offence punishable under Sections 363, 376 (2) (j) (h) of the Indian Penal Code read with Section 5 (I) and 6 of the Protection of Children from Sexual Offences Act.

3.

At the outset, the learned counsel for the applicant submits that the trial has already commenced and the prosecution has already examined four witnesses including the victim and her mother, who is also the complainant. He submits that the applicant is behind the bars since July-2015. He therefore prays that he may be allowed to withdraw the present application and directions may be issued to the trial Court for expeditious disposal of the trial.

ba1237.17.odt 4.

Expeditious trial is the right of the under trial prisoners. In the present case, trial has already commenced. Not only that, four witnesses are already examined. 5.

In that view of the matter, the learned Judge of the Sessions Court, Chandrapur is directed to complete the recording of evidence and dispose of Special (POSCO) Case No.68/2015 within six months from today. The applicant shall extend full cooperation to the learned Judge of the trial Court for disposal of the case.

6.

With these observations, the application is allowed to be withdrawn.

The application is dismissed as withdrawn.

JUDGE kahale