Mrs. Sumati S. Bhandari. v. State Of Goa, Thr. Chief Secretary And 2 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 733 OF 2016 Mrs. Sumati S. Bhandari, Aged 43 years, resident of Carlen Bldg., Opp. Law College, Miramar, Ilhas Goa .... Petitioner

Versus

1. State of Goa, ( Through Chief Secretary ) Secretariat, Porvorim, Bardez Goa.

2. Mr. Sunil S. Bhandari, Aged 41 years,

3. Parvati Shanker Rao Bhandari, Aged 65 years, Both residing at House No. E-190C, Kadamwadi, Nr. Reliance Mobile Tower, Jadhav Compound, Sadar Bazar, Kolhapur, Maharashtra.

.... Respondents Mr. Galileo Francisco Teles, Advocate for the petitioner. Mr. P. Faldessai, Addl. Government Advocate for the respondent no.1 Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 9th January, 2017 1/3

ORAL JUDGMENT ( Per F. M. Reis, J ) Heard Mr. G. Teles, learned counsel appearing for the petitioner and Mr. P. Faldessai, learned Addl. Government Advocate appearing for the respondent no.1.

2.

Rule. Heard forthwith with the consent of the learned counsel.

3.

Mr. P. Faldessai, learned Addl. Government Advocate waives service on behalf of the respondent no.1. 4.

Considering the nature of the grievance raised in the above petition, the notice to the respondent nos. 2 and 3 stands dispensed with.

5.

This petition seeks a direction to the learned Additional Sessions Judge to dispose of expeditiously Criminal Appeal No.76/2015 challenging the order passed by the learned 2/3

Magistrate under the Protection of Women from Domestic Violence Act, 2005. It is pointed out by the petitioner that in terms of the provisions of the said Act, the proceedings under the said Act have to be concluded within 60 days. It is further pointed out that the appeal is pending for the last 18 months. 6.

In the peculiar facts and circumstances of the case, the learned Additional Sessions Judge is accordingly directed to dispose of Criminal Appeal No.76/2015 as expeditiously as possible preferably within 60 days from the date of the receipt of this order. All contentions of the parties on merits are left open. Rule stands disposed off. The petition stands disposed off accordingly.

NUTAN D. SARDESSAI, J. F. M. REIS, J. at* 3/3