Anamika Sanjay Kirtania v. State Of Maharashtra And ORS

39-WP-1388-2024.doc Digitally signed by GANESH SUBHASH LOKHANDE Date:

2024.06.15 17:16:33 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

GANESH SUBHASH LOKHANDE CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1388 OF 2024 Anamika Sanjay Kirtania ... Petitioner vs.

State of Maharashtra & Ors.

... Respondents ....

None appears for the Petitioner.

Ms. P. P. Bhosale, A.P.P. for the Respondent - State. ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

14th JUNE 2024 P.C.

:

1.

None appears for the Petitioner.

2.

The petition questions the order dated 28.08.2023 by which the application under Section 408 of the Cr.P.C. to transfer Special Case No. 250/2022 to any other Court on the ground, that there has been a delay in the framing of the charge, has been rejected by the learned Sessions Court by considering pendency of the number of cases. The impugned order records, there are 788 sessions cases, 435 special cases under the POCSO Act, 355 criminal appeals, 313 criminal Ganesh Lokhande

39-WP-1388-2024.doc revision applications, 44 anticipatory bail application, 16 bail applications, 41 criminal miscellaneous application and 4 suits pending in the Court No. 15. The claim for transfer is on the basis that the POCSO Act requires charge to be framed within a period of 30 days from the date of taking cognizance and completion of the trial within one year.

3.

The docket explosion has made it virtually impossible for the Court to adhere to the timelines prescribed in various statutes, still the presiding officers are making all efforts to ensure expeditious trial considering which I do not find any reason to interfere in the impugned order.

4.

The petition is dismissed. The learned Sessions Judge however is requested to frame the charge as expeditiously as possible.

(AVINASH G. GHAROTE, J.) Ganesh Lokhande