1 Criminal Writ Petition No.460 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.460 OF 2011 Shrikant S/o.Govindrao Sangvikar PETITIONER VERSUS 1. The State of Maharashtra 2. Tanubai D/o.Manik Pawar, Age-60 years, Occu-Household, R/o.Malumbra, Tq.Tuljapur, Dist. Osmanabad 3. Bharat S/o.Manik Pawar, Age-45 years, Occu-Agriculturist, R/o. As above. 4. Venkat S/o.Manik Pawar, Age-41 years, Occu-Agriculturist, R/o.As above. 5. Netaji S/o.Manik Pawar, Age-39 years, Occu-Agriculturist, R/o.As above. 6. Sudhakar S/o.Manik Pawar, Age-37 years, Occu-Agriculturist, R/o.As above. RESPONDENTS Party in person. Mr.S.K.Tambe, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) 2 Criminal Writ Petition No.460 of 2011 DATE : 22/06/2011 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule returnable forthwith. With the consent of learned A.P.P. for the State, this petition is heard finally at the stage of admission. 2. The limited relief, which the petitioner seeks in the present petition, in which the petitioner appears in person is that the proceedings which are pending i.e. Criminal Appeal No.41/2007, on the file of the Additional Sessions Judge, Osmanabad, be decided expeditiously, preferably within 3 months. In the light of the relief, which the petitioner has prayed for and in the light of the directions which we propose to issue, according to us, it is not necessary to issue notice to the other respondents as the order which we propose to pass would not be adverse to the interest of the respondents. 3. Un-disputedly, some proceedings came to be filed by the present petitioner which was registered as Criminal Appeal No. 41/2007 on 21/04/2007. The petitioner contends that since then the said appeal is pending consideration. It also appears that the Appellate Court while admitting the proceedings, had raised certain doubt about the maintainability of the criminal appeal. Be that as it may, the said appeal ought not to have remain pending since 2007. 4. We are, therefore, inclined to allow this petition by directing the 3 Criminal Writ Petition No.460 of 2011 Appellate Authority i.e. the Additional Sessions Judge, Osmanabad to decide the criminal appeal no.41/2007, if pending, within 4 months from today. 5. Accordingly, this writ petition is allowed and rule is made absolute by directing the Additional Sessions Judge, Osmanabad to decide Criminal Appeal No.41/2007 within 4 months from today, after affording an opportunity of hearing to the parties to the appeal. In the circumstances, there shall be no orders as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JUNE 2011/cri.w.p.460-11