Sunil Raghunath Shetty v. State Of Maharashtra And ANR

dtg 52-Wp-3192-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3192 OF 2025 Sunil Raghunath Shetty ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Satyavrat Joshi (Through V.C.) i/b Ms. Shivani Kondekar for Petitioner. Smt. Savita M. Yadav, A.P.P. for Respondent No.1-State. Mr. Sachin Tambe, PSI, MIDC Police Station, Mumbai, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 5th August 2025.

P.C. :

1) In the present case admittedly, after completion of investigation of the crime, the police have filed charge-sheet under Sections 420, 465, 467, 468, 471, 120-B read with 34 of the Indian Penal Code (IPC) and the said case is numbered as C.C. No. 1799/PW/2007, pending on the file of learned Additional Chief Judicial Magistrate (22nd Court), Andheri, Mumbai. The Petitioner (original accused No.6), thereafter had filed an Application for discharge on 7th August 2009 before the trial Court. The prosecution filed its reply on 23rd June 2010 to the said Application and since then the said Application is pending for final adjudication on the file of learned Judge of 1/2

dtg 52-Wp-3192-2025.doc the trial Court for last about more than 15 years. 1.1) In view thereof, we direct the learned Additional Chief Judicial Magistrate (22nd Court), Andheri, Mumbai, to decide the said Application preferred by the Petitioner below Exh. 02 in C.C. No. 1799/PW/2007 pending on the file within a period of one month from the date of receipt of the present Order, without seeking extension in that behalf. 1.2) In view of the aforesaid directions, Mr. Joshi, learned advocate appearing for the Petitioner on instructions, seeks leave to withdraw Petition with liberty to contest the said Application for discharge filed under Section 239 of the Cr.P.C., below Exh. 2 in C.C. No. 1799/PW/2007, pending on the file of learned Judge of the trial Court.

1.3) Leave and liberty granted.

2) Disposed off as withdrawn with aforesaid liberty. ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 2/2