Prakash vs State of Maharashtra

P.D. Kode, J.—Heard. Rule. Rule made returnable forthwith. Heard with the consent of the parties.

By this application u/s 482 of the Code of Criminal Procedure, the complainant/first informant for the Regular Criminal Case No. 4326 of 2006 of the Court of Judicial Magistrate First Class, Court No. 8, Nagpur, had made a limited prayer for giving the direction for expeditious disposal of the said case.

Mr. A.S. Tiwari, learned counsel for the applicant has submitted that the first information report was lodged or 05.10.2006 and after investigation, Kotwali Police Station has filed the challan against the accused one Subhash Agrawal on 23.12.2006 for commission of offences under Sections 420, 467, 468, 471 of the Indian Penal Code. It is submitted that despite passage of about 8 years, the case has not commenced. It is submitted that two witnesses in the said case are of aged about 75 years. It is submitted that the applicants feel that further delay in the case may deprive him of the chance of adducing the evidence of both the said witnesses.

The request is not objected by the prosecution. Since every criminal prosecution is required to be completed as expeditiously as possible, the prayer made deserves consideration in the light of the peculiar fact brought to the notice of this Court that is there is likelihood of the evidence of the said two witnesses being deprived to the prosecution.

Hence the application is allowed. The trial Court is directed to decide Regular Criminal Case No. 4326/2006 of Court of Judicial Magistrate First Class, Court No. 8, Nagpur as expeditiously as possible and in any event by me end of this year. Rule made absolute in the above terms. In view of disposal of main application, Criminal Application (APPP) No. 354/2013 also stands disposed of.