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Shaikh Wasim Shaikh Bismillah And … vs The State Of Maharashtra And Anr on 28 January, 2019

48.19Cri.Appln
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.48 OF 2019

1. Shaikh Wasim Shaikh Bismillah
Age 29 years, Occupation Business,
R/o. Dhamangaon Badhe, Taluka
District Buldhana.

2. Shaikh Bismillah Shaikh Osman,
Age 73 years, Occupation Business,
R/o. Dhamangaon Badhe, Taluka
District Buldhana.

3. Noorjahanbi w/o Shaikh Bismillah,
Age 68 years, Occupation Household,
R/o. Dhamangaon Badhe, Taluka
District Buldhana

4. Shaikh Afsar Shaikh Babu
Age 43 Years, Occupation business,
R/o. Dhamangaon Badhe, Taluka
District Buldhana.

5. Shaikh Azim Shaikh Mahboob,
Age 24 years, Occupation Business,
R/o. Dhamangaon Badhe, Taluka
District Buldhana.

6. Reshmabi Isa Qureshi,
Age 26 years, Occupation household,
R/o. Dhamangaon Badhe, Taluka
District Buldhana
at present R/o. Mumbai

7. Ku. Aaliya d/o Bismillah Shaikh,
Age 19 years, Occupation Household,
R/o. Dhamangaon Badhe, Taluka
District Buldhana.
.. PETITIONERS

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48.19Cri.Appln
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VERSUS

1. The State of Maharashtra.

2. Sumaiyabi w/o Wasim Shaikh,
Age 24 years, Occupation household,
R/o. Dhamangaon Badhe, Taluka
District Buldhana.
.. RESPONDENTS

Mrs.U.T.Pathan, Advocate holding for
Mr.T.W.Pathan, Advocate for the applicants
Mr.D.R.Kale, APP for the Respondent – State

CORAM: S.S.SHINDE
R.G.AVACHAT,JJ.

Reserved on : 23.01.2019
Pronounced on : 28.01.2019

PER COURT: [Per S.S.Shinde, J.]:

1] Upon perusal of the prayers in the

Application, it appears that Crime No.I-60 of

2015 was registered on 17th May, 2015, for the

offences punishable under Sections 498A, 452,

323, 504, 506 r/w.34 of the Indian Penal

Code, with Sillod City Police Station,

Sillod, District Aurangabad, against the

applicants. It further appears that already

the charge sheet has been filed, and the

proceedings are registered as Regular

Criminal Case No.299/2015, and the same is

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48.19Cri.Appln
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pending on the file of the Judicial

Magistrate First Class, Sillod, and also,

Juvenile Case No.150/2018 filed against one

accused, who is a juvenile, is pending.

2] This Court has called a report from

the Court of Civil Judge Junior Division

Judicial Magistrate First Class, Sillod,

District Aurangabad, about the status of

Regular Criminal Case No.299/2015. The report

is received from the concerned Court, it

reveals that, on 4th November, 2016, the

concerned Court has framed the charge against

the accused persons for the offences

punishable under Sections 498A, 452, 323,

504, 506 r/w. 34 of the Indian Penal Code.

On 20th March, 2018, the accused preferred

Application below Exh. 42 for exemption of

accused persons from appearing in the Court.

On the said application, say is called from

the learned APP. It further appears that on

11th May, 2018, another application was

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preferred at Exh. 45 by the accused, praying

therein that, the matter may be proceeded

further without recording the evidence of the

informant, and the said application is

pending for argument.

3] This Application is filed belatedly

on 3rd January, 2019. Since the charge is

already framed three years back, and the

concerned Court is seized with the aforesaid

proceedings, we do not think it appropriate

to entertain this Application, which is filed

belatedly.

4] It appears that the applicants have

caused their appearance before the concerned

Court. The concerned Court to consider

liberally the prayer of the applicants to

grant them exemption from appearing before

the Court, except on the dates on which their

presence is really necessary, and the matter

be fixed for effective hearing.

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48.19Cri.Appln
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5] It may be open for the applicants to

avail of an appropriate remedy, if available

under law, for redressal of their grievance.

6] We direct the concerned Courts to

expedite the hearing of the proceedings of

Regular Criminal Case No.299/2015 and

Juvenile Case No.150/2018, and dispose of the

same, as expeditiously as possible, however,

within one year from today.

7] Needless to observe that the

concerned Courts shall not grant unnecessary

adjournments to the parties, and if possible,

conduct the trial on day to day basis.

8] With the above observations, the

Application stands disposed of.

[R.G.AVACHAT] [S.S.SHINDE]
JUDGE JUDGE
DDC

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