Dr. Suresh S/O. Annappa Dhotre v. The State Of Mah. Thr. Its Pso, Murtizapur Ps, Akola Thr. Cid Crime And Others

2024:BHC-NAG:11272 -1- 2.REVN.63.2013 & Anr..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL REVISION APPLICATION NO.

OF 20 13 (D) Ravindra S/o. Vasantrao Yewale Vs.

State of Mah. Thr. P.S.O., P.S. Karanja (Ghadge), Dist. Wardha. WITH CRIMINAL WRIT PETITION NO. 8 Dr. Suresh Annappa Dhotre Vs.

State of Mah. Thr. P.S.O., P.S. Murtizapur, Dist. Akola, thr. CID Crimes & Ors. ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** None for the Applicant in Revn. 63/2013.

Mr. Anil S. Mardikar, Senior Advocate with Mr. S.G. Joshi, Advocate for the Petitioner in Cri.WP No.83/2024.

Mr. Ambarish Joshi, APP for the State.

Mr. S.U. Ghude, Advocate for Respondent No.10. Mr. P.V. Navlani, Advocate for Respondent No.27. Mr. S.B. Gandhe, Advocate for Respondent No.51. CORAM : G. A. SANAP, J.

DATED : 7 th OCTOBER, 2024.

.

Heard learned Senior Advocate for the petitioner and learned APP for the State. Perused the record and proceedings.

2.

It is stated that, in the two criminal trials pending at Amravati and one criminal trial pending at Akola, 34 witnesses are common. It is submitted that more or less the allegations of the prosecution against the accused persons are similar. It is submitted by the learned Senior Advocate that, for the purpose of speedy disposal and to avoid conflicting decisions, it is necessary to have the trial of three cases in one Court.

-2- 2.REVN.63.2013 & Anr..odt 3.

Learned APP reiterates that 34 witnesses are common. It is also pointed out that the genesis of the crime is more or less similar. Learned APP submits that in the fact situation, the Court may pass an appropriate order. 4.

Learned Senior Advocate has placed heavy reliance on the provisions of Section 219 of the Code of Criminal Procedure, 1973, to buttress his submission for the trial of three ceases in one Court.

5.

In my view, considering the genesis of the crime and the fact that 34 witnesses would be common in all the three cases, it will be in the interest of prosecution as well as the accused persons to have the trial of all these cases in one Court. Accordingly, Special Case (ACB) No.04/2010 be transferred from the Court of learned Special Judge at Akola to the Court of learned Special Judge at Amravati, where Special Case (ACB) Nos.05/2009 and 06/2009 are pending.

6.

A request letter has been received from the learned Special Judge, Amravati, seeking extension of time for disposal of the cases.

7.

In the facts and circumstances, extension for one year is granted for disposal of all the three cases. 8.

The learned Special Judge, consistent with the mandate of Section 309 of the Cr.PC, shall conduct the trials expeditiously.

9.

It is made clear that all the cases are not clubbed together. Depending upon the convenience of the prosecution,

-3- 2.REVN.63.2013 & Anr..odt the learned Special Judge shall take a call with regard to the recording of the evidence of the same witnesses on the same day in all the three cases.

10.

It is made clear that the prosecution and the accused persons shall extend fullest co-operation to the learned Special Judge.

11.

If it is noticed by the learned Special Judge that there is no co-operation from the accused persons, then he may explore the possibility of cancelling their bail. 12.

The petition stands disposed of accordingly.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 09/10/2024 18:31:19