Bombay High Court
Haroon Ebrahim Patel vs The State Of Maharashtra And Ors on 11 February, 2020
Author: A. M. Badar
Bench: A. M. Badar
11-WP-6448-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.6448 OF 2019
HAROON EBRAHIM PATEL )...PETITIONER
V/s.
THE STATE OF MAHARASHTRA AND ORS. )...RESPONDENTS
Mr.Rajesh Khobragade a/w. Ms.Gayatri Nayak, Advocate for the
Petitioner.
Mr.S.V.Gavand, APP for the Respondent - State.
Ms.Janhavi Karnik, Advocate for Respondent Nos.2 and 3.
CORAM : A. M. BADAR, J.
DATE : 11th FEBRUARY 2020
P.C. :
1 By this petition, the petitioner, who happens to be
original complainant, is praying for directing the learned
Additional Sessions Judge, Dindoshi, Mumbai, to dispose off the
revision petition pending on his file in a time bound manner and
preferably, within a period of four weeks.
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2 Heard the learned counsel appearing for the
petitioner/ original complainant. He argued that the petitioner is a
senior citizen and in the complaint filed by him, wherein it is
alleged that the respondents herein have committed several
offences, the process may be issued. In submission of the learned
counsel for the petitioner/original complainant, by filing revision
petition before the learned Sessions Judge, Mumbai, that order
issuing process came to be challenged by the respondents
herein/accused persons. By pointing out roznamas of the learned
revisional court, the learned counsel for the petitioner/original
complainant argued that there is virtually no progress in the
revision petition for a considerable period. He further urged that
order of staying the proceedings before the learned trial court is
operating in that revision petition right from 9 th October 2018,
and therefore, the hearing of the revision petition needs to be
expedited.
3 As against this, the learned counsel appearing for the
respondents herein/original accused argued that the roznamas
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sought to be relied upon by the petitioner himself shows that the
court was always busy in either some time bound matters or in
some other urgent matters such as bail applications or anticipatory
bail applications. The learned counsel appearing for the
respondents herein/original accused argued that adjournments
were not at the instance of the respondents herein/original
accused, and therefore, prayer made in the petition cannot be
granted.
4 I have considered the submissions so advanced and
perused the roznamas filed with the petition. It is seen that ad-
interim order granting stay to the order of issuance of process is
operating in the revision petition for more than one year. At the
same time, it is also noticed that the revision petition is not being
adjourned at the instance of the respondents herein/ original
accused. It appears that the learned revisional court is busy in
some other matters including time bound matters and that is how
the revision petition could not be heard.
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5 It is seen that even the petitioner herein/original
complainant never applied to the learned revisional court to
expedite hearing of the revision petition in the wake of operation
of ad-interim ex-parte stay in the matter. This court is not aware
about pendency of matters before the learned revisional court, in
order to grant out of turn hearing, as sought for, in this petition.
6 In this view of the matter, the petition is disposed off
with the following order :
ORDER
i) The petitioner is given liberty to apply to the learned revisional court for early hearing of the revision petition and if such application is made, then the learned revisional court to decide the issue of hearing the revision petition, considering the pendency of time bound matters and other urgent matters on the file of the said court.
ii) The petition is disposed off accordingly.
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