Judgment 1 apl769.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 769/2018

1] Prakash Anandrao Dhande,
Aged about 36 years, Occ. Service,

2] Deepak Anandrao Dhande,
Aged about 32 years, Occ. Service,

3] Sumanbai Anandrao Dhande,
Aged 58 years, Occ. Household,

4] Latabai Anandrao Dhande,
Aged about 50 years, Occ. Maid

All R/o. Station Toli, Durganagar,
Tumsar, Dist. Bhandara

…. APPLICANT(S)

// VERSUS //

1] The State of Maharashtra,
Through Police Officer,
Police Station Tumsar

2] Judicial Magistrate, First Class,
Tumsar, Dist. Bhandara (Deleted)

Amendment carried out as per
Court’s order dated 04/07/2019
…. NON-APPLICANT(S)
_
Ms. S.N. Thakur, Advocate for the applicant(s)
Shri S.J. Kadu, APP for the non-applicant/State
_

CORAM : Z.A.HAQ PUSHPA V. GANEDIWALA, JJ.

DATED : 19/09/2019

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Judgment 2 apl769.18.odt

ORAL JUDGMENT : (PER:- SectionPUSHPA V. GANEDIWALA, J.)

1] Rule. Rule is made returnable forthwith. Heard finally with

consent of Ms. S.N. Thakur, Advocate for the applicants and Shri S.J. Kadu,

APP for the non-applicant/ State.

2] This is an application filed by the accused with a prayer to

expedite R.C.C. No. 82/2014 pending before the learned 2 nd Joint Civil Judge

and Judicial Magistrate First Class, Tumsar.

3] The learned advocate for the applicants – accused has submitted

that even though charge-sheet is filed in the year 2015, one witness was

examined in 2016 and 2nd witness came to be examined in the year 2018.

The offence for which R.C.C. No. 82/2014 is registered is punishable under

Section 498A r/w Section 34 of the Indian Penal Code. It is submitted that

unnecessary delay is caused in the matter as witnesses are not appearing

before the Court even after summons are issued and it is resulting in

harassment to the applicants – accused. Hence, it is prayed that the trial

Court be directed to expedite the trial.

4] As per Section 309 of the Code of Criminal Procedure, it is

expected that once the trial starts, it should be continued on day-to-day basis.

We find substance in the application and the same deserves to be allowed.

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Judgment 3 apl769.18.odt

5] Hence, the following order is passed:-

(a) The trial Court is directed to expedite the trial i.e.

R.C.C. No. 82/2014 and to conclude the same till 31/03/2020.

Rule is made absolute in the above terms.

JUDGE JUDGE

Ansari

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