bsb 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 WRIT WRIT WRIT PETITION NO. 1467 OF 2000 PETITION NO. 1467 OF 2000 PETITION NO. 1467 OF 2000 Vikram Laxman Sonawane & anr. ... Petitioners v/s The State of Maharashtra ... Respondent Mr.Milind Sawant for the petitioners. Mr.D.P.Adsule, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH JUNE, 2008 6TH JUNE, 2008 6TH JUNE, 2008 P.C. P.C. P.C.: 1. A discharge application was filed by the petitioners contending that in view of the judgment of the Apex Court in Raj Deo Sharma v/s State of Bihar, reported in Raj Deo Sharma v/s State of Bihar, reported in Raj Deo Sharma v/s State of Bihar, reported in 1998 1998 1998 Cri.L.J. 4596, Cri.L.J. 4596, Cri.L.J. 4596, the petitioners should be discharged. It was contended that nine years have elapsed since the alleged commission of the crime and no charge had been framed. It was therefore submitted that the respondents were entitled to be discharged from the case. It appears that instead of signing the charge, the Presiding Officer has signed the plea. The discharge application was thus rejected and it was directed that fresh charges be framed against the petitioners so that the trial could proceed. 2 2. The petition came to be admitted on 9.11.2000 and has been pending in this Court till today. Interim relief in terms of prayer clause (c) was granted whereby the proceedings before the trial Court were stayed. 3. Raj Deo Sharma’s case is no more good law in view of the judgment of the Supreme Court in the case of P.Ramchandra P.Ramchandra P.Ramchandra Rao v/s State of Karnataka, reported in Rao v/s State of Karnataka, reported in Rao v/s State of Karnataka, reported in (2002) (2002) (2002) 4 SCC 578. 4 SCC 578. 4 SCC 578. In these circumstances, the contentions of the petitioner cannot be accepted. 4. The petition is dismissed. Stay vacated. 5. However, the trial is expedited. 6. Rule discharged. No order as to costs.