- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.2008 OF 2007 WRIT PETITION NO.2008 OF 2007 WRIT PETITION NO.2008 OF 2007 Kiran Bhikaji Pimpalkar ...Petitioner vs. Nanda Purushottam and another ...Respondents Mr.U.B.Nighot for the petitioner Ms P.P.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 22,2008 : SEPTEMBER 22,2008 : SEPTEMBER 22,2008 P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the Petitioner. The Petitioner has been arraigned as an accused in a private complaint filed by the first Respondent alleging commission of offences under sections 323, 504, 506 (2) r/w section 34 of the Indian Penal Code. The process was issued on the complaint on 9th December 1994. 2. The grievance made in this Petition is that the Petitioner has been attending the criminal case for last more than 13 years and the case has not made any progress. The prayer is for quashing the complaint on the ground that the trial of case has been delayed thereby causing prejudice to the petitioner. 3. This court had called the report of the learned Trial Judge on the allegations made in this Writ Petition. Accordingly, a report is received from the learned 5th Joint Civil Judge (J.D.) and Judicial Magistrate (F.C.), Ulhasnagar, District Thane. In the said report, it is stated that a - 2 - revision application was filed by the accused against the order issuing process and therefore the record of the case was called for by the Sessions Court in the year 1997. The Revision Application was decided on 25th September 2001 and the same was dismissed. The record was received back by the Trial Court on 29th September 2001. The learned Judge has recorded what transpired thereafter in the matter. The report shows that from the year 2004 onwards, both the accused and the complainant had sought adjournments from time to time. In October 2007, the accused filed an application for recalling the order issuing process. The same was rejected. Thereafter, there was an application for adjournment made by the complainant which was granted subject to costs. On 7th February 2008, the petitioner filed an application for adjournment. A separate application was filed for adjournment by the Petitioner on the ground that he has preferred this application in this court. Thereafter, in the year 2008, on two occasions, an application for adjournment was made by the petitioner. On 1st September 2008, the Petitioner and his Advocate were absent. An application made by the complainant for issuing non bailable warrant has been allowed and non bailable warrant has been issued and now matter is kept on 31st December 2008. 4. The report shows that both the accused and the complainant have contributed to the delay in disposal of the case. The report deserves to be accepted. - 3 - 5. The Advocate for the Petitioner states that the Petitioner will appear before the learned Trial Judge and will apply for cancellation of the warrant. He states that the Petitioner will co-operate for the early disposal of the case. 6. Though no case is made out for quashing of the complaint, a direction deserves to be issued for early disposal of the complaint. 7. Hence, I pass the following order : i) The report submitted by the learned Trial Judge is accepted. The same shall be kept on record in a sealed envelope. ii) The hearing of the complaint is expedited. The learned trial Judge will make an endeavour to conclude the trial on or before 31st March 2009. iii) For a period of three weeks from today, non bailable warrant issued against the Petitioner shall not be executed subject to condition that the Petitioner will appear before the learned Trial Judge within the period of three weeks from today and will apply for cancellation of warrant. iv) Subject to what is stated above, the Writ Petition is - 4 - rejected. JUDGE JUDGE JUDGE