M/S. Deccan Paper Mills Co. Limited v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.543 OF 2024 SATISH RAMCHANDRA SANGAR M/s. Deccan Paper Mills Co. Limited ...Applicant V/s.

SATISH RAMCHANDRA SANGAR Date: 2025.08.26 20:16:35 +0530 The State of Maharashtra and Ors.

...Respondents

***** Ms.Meena H. Doshi:- Advocate for Applicant.

Ms.Sangita E. Phad:- APP for Respondent No.1-State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

25th AUGUST 2025 P. C. :- 1.

Heard learned Advocate for the Applicant and learned APP. 2.

It is very well true after hearing the learned Advocate for the Applicant on 4th August 2025, this Court has given liberty to the Applicant to file copies of roznamas. This direction was given because one of the prayers in the Application is giving directions for expeditious disposal of the cases. No doubt, the copies of roznamas are brought by the Applicant. It is true in this Application, two prayers are made. One is for transfer of the cases pending in various Courts situated at Cantonment to one Court and second prayer is for hearing the case on expedite basis.

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3.

My attention is invited to the provisions of Section 483 of the Code of Criminal Procedure, 1973 ("Cr.P.C."). Every High Court has got power of superintendence over all the Courts of Judicial Magistrate and it is for the purpose of ensuring expeditious and proper disposal of cases by such Magistrate. There cannot be any dispute about this proposition. But I am not inclined to exercise this discretion. The reason is there is also prayer for transfer of the cases to one Judge within the District. Section 408 of Cr.P.C. empowers the Sessions Judge to transfer the case and Appeals within his District. Admittedly the Applicant has not exercised this remedy. Learned Sessions Judge knows the actual situation better than this Court. Because he knows how much pendency is with a particular Judge working at a particular station. Those Judges are first answerable to the learned Sessions Judge. It is in the fitness of the things that the Applicant should first approach the learned Sessions Judge. Hence this Application is disposed of with a liberty to approach the learned Sessions Judge. 4.

If such an Application is filed, even the Applicant is at liberty to consider the request for expeditious disposal of the cases. Learned Sessions Judge has to decide whether to hear only the Complainant or to hear the Accused also. The power of Sessions Judge can be resorted 2/3

on a judicial side and also on administrative side. 5.

With these observations, the Application is disposed of. [S. M. MODAK, J.] 3/3