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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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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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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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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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