Supreme Court - Daily Orders
Syed Abid Hussain @ Ali Bhai @ Sayed vs The State Of Maharashtra on 20 July, 2018
Bench: Ranjan Gogoi, R. Banumathi
1
ITEM NO.37 COURT NO.2 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) NO(S)…………………../2018
DIARY NO(S). 22968/2018
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 10-10-2017
IN BA NO. 1010/2017 PASSED BY THE HIGH COURT OF JUDICATURE AT
BOMBAY)
SYED ABID HUSSAIN @ ALI BHAI @ SAYED PETITIONER(S)
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
(FOR ADMISSION AND I.R. AND IA NO.87295/2018-CONDONATION OF DELAY
IN FILING AND IA NO.87292/2018-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT AND IA NO.87293/2018-EXEMPTION FROM FILING
O.T. )
Date : 20-07-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Shadan Farasat, AOR
Ms. Rudrakshi Deo, Adv.
For Respondent(s) Mr. Nishant R. Katneshwarkar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Exemption from filing certified copy of the impugned order and OT is granted.
Learned counsel for the State of Maharashtra submits that the order of the High Court dated 10th October, 2017 Signature Not Verified directing completion of the trial of MCOC Case No.1 of 2006 Digitally signed by VINOD LAKHINA Date: 2018.07.21 12:39:10 IST Reason: within a period of nine months has been frustrated by the 2 petitioner himself who has filed an application for dropping of the charges under the Maharashtra Control of Organized Crime Act, 1999 (“MCOC Act” for short).
If the petitioner is aggrieved and has his remedies in law he cannot be restrained from moving the learned trial Court for dropping of the charges under the MCOC Act. The learned trial Court, however, keeping in mind the order of the High Court for expeditious disposal of the trial would be duty bound to dispose of the said application as expeditiously as possible. The learned trial Court already is directed to do so.
The Special Leave Petition is disposed of in the above terms.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER