Prakash Manohar Sharma v. State Of Maharashtra

vai IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.335 OF 2024 The State of Maharashtra .. Applicant

Versus

Uday S. Pathak & Ors.

.. Respondent WITH CRIMINAL INTERIM APPLICATION NO.2595 OF 2024 IN CRIMINAL REVISION APPLICATION NO.335 OF 2024 The State of Maharashtra .. Applicant

Versus

Uday S. Pathak & Ors.

.. Respondent  Mr.H.S. Venegaonkar, Public Prosecutor with Mrs. Sangeeta Phad, APP for Respondent - State.

 Mr.Prashant Pandey, Mr.Dinesh Jadhwani, Mr.Pramod Sharmar and Mr.Rahul Sinkar i/b W3 Legal LLP for Respondent No.1.

 Mr.Prashant Jain for Respondent No.12 (through V.C.)  Mr.Narayan Rokade with Mr.Udaysingh Deshmukh, Mr.Vikrant Kadam, Mr.Ashang Suryawanshi and Mr.Herischandra Jadhav for Respondent No.14.

 Mr.Nilophar Shaikh, API, DCB CID Unit 2 present. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 29, 2024.

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1.

Heard learned Advocates appearing for respective parties. 2.

Mr. Venegaonkar, learned Public Prosecutor for the State would submit that in view of the fact that the impugned order was passed prior to the framing of the charge and the charge has now been framed subsequent thereto, the trial in MCOC Special Case No.576 of 2020 be allowed to be concluded in accordance with law. In view of the provisions of Section 10 of the MCOC Act, submission made by Mr.Venegaonkar is apt and fair. Needless to state that trial in all the other proceedings shall be held in abeyance in the meantime until the conclusion of MCOC Special Case No.576 of 2020 in accordance with law.

3.

He would draw my attention to the order dated 13.04.2023 passed by the Supreme Court in Transfer Petition (Criminal) Diary No.7227 of 2016, wherein there is direction by the Supreme Court to conclude the said trial within three months. In that view of the matter, he would persuade the Court to pass appropriate directions. In view of this order, learned Trial Court hearing MCOC Special Case No.576 of 2020 is directed by the Court to conclude the trial as expeditiously as possible while taking into cognizance the order of the Supreme Court. MCOC Special Case No.576 of 2020 is at present pending before Court No.55, Mumbai Sessions Court.

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4.

Both parties shall ensure that they will render assistance and co-operation to the learned MCOC Court in adjudication of the case and ensure that they shall not seek unnecessary adjournments. Learned MCOC Court shall also not grant adjournments unless they are absolute necessary in the case of any emergency or exigency expressed by the parties. The learned Trial Judge is requested by this Court to fix a schedule / programme for adjudication of the trial so that parties are aware of the same.

5.

With the above directions, Criminal Revision Application stands disposed. Interim Application No.2595 of 2024 also stands accordingly disposed.

(MILIND N. JADHAV, J.) by AJAY TRAMBAK UGALMUGALE Date: 2024.11.30 17:09:04 +0530 AJAY TRAMBAK UGALMUGALE 3/3