Riyaz Daud Kashimiri v. State Of Maharashtra And ANR

bipin prithiani 17_WP812&968_25-stm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 812 OF 2025 Afzal Haji Khan @ Afzal Pani and another ... Petitioners V/s.

State of Maharashtra and another ... Respondents WITH CRIMINAL WRIT PETITION NO. 968 OF 2025 Riyaz Daud Kashmiri ... Petitioner V/s.

State of Maharashtra and another ... Respondents ______________________ Mr. Tasammul Khan i/b. Mr. Mukesh K. Badsiwal for Petitioners in both the Petitions.

Mr. Ajay S. Patil, APP for Respondent-State.

Mr. Ajinath Funde, PSI, Bandra Police Station, Mumbai. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 25th JULY 2025 P.C.:- 1) The crime in question is dated 9th May 2011, under Sections 3 and 25 of the Indian Arms Act. The record indicates that, after filing of charge-sheet, the trial Court has taken cognizance of the case and the said case is numbered as C.C. No.151/PW/2015. In the present case, charge is framed on 1st July 2022.

This Order is modified/corrected pursuant to the Speaking to Minutes of Order dated 13.08.2025. 1/2

bipin prithiani 17_WP812&968_25-stm.doc 2) In view of the fact that, for last more than 10 years, the trial is pending on the file of the trial Court, we direct the learned Judicial Magistrate First Class, 12th Court, Bandra, Mumbai, to expedite the hearing of C.C. No.151/PW/2015 and conclude it on or before 31st December 2025, without seeking extension in that behalf.

3) It is needless to mention that in the event, the learned Magistrate comes to the conclusion that, either of the parties herein are protracting the said case, the learned Judge is at liberty to invoke necessary provisions from the Cr.P.C./B.N.S.S. for the same. 4) Petitions are disposed of with aforesaid directions. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) BIPIN DHARMENDER PRITHIANI Date: 2025.08.19 11:42:04 +0530 BIPIN DHARMENDER PRITHIANI This Order is modified/corrected pursuant to the Speaking to Minutes of Order dated 13.08.2025. 2/2