{1} CWP No.877/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.877 OF 2011 Ashutosh Prabhakar Shirole & others PETITIONERS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mrs.M.N.Ghanekar h/f Mr.N.S.Ghanekar, Advocate for petitioners Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18 th October 2011 PER COURT: 1. Rule. Rule made returnable forthwith. Heard finally by consent. 2. By the present petition, the petitioners-accused in RCC No.475/2003 have prayed to quash and set aside the said proceedings and in the alternative it is prayed to issue directions to the CJM, Jalna to dispose of the said proceedings expeditiously. It is further prayed to direct CJM, Jalna to consider the application {2} CWP No.877/2011 for exemption, if filed by the petitioners. 3. At the outset, learned counsel for the petitioners states that the relief prayed for in terms of prayer clause “B” is not pressed into service and only the relief in terms of prayer clause “D” and “E” are pressed. Considering the nature of relief sought by the petitioners, in this petition, I do not think it appropriate even to issue notice to respondent No.2. 4. Accordingly, the petition is dismissed so far as it relates to prayer clause “B”. 5. Admittedly, the proceedings impugned are pending since 2003 and the petitioners are waiting the trial for more than 8 years. The right guaranteed by the Constitution to the accused of speedy trial appears to have been frustrated in the present trial. In view of this the prayer made by the petitioners in terms of prayer clause “D” of speedy trial, does not seem to be unreasonable. 6. However, so far as relief in terms of prayer clause “E” is {3} CWP No.877/2011 concerned, the discretion is vested with the concerned criminal court to grant exemption considering the contingency and the genuine reason. 7. In view of this the petition is partly allowed. CJM, Jalna is hereby directed to dispose of the trial of RCC No.475/2003 as expeditiously as possible and in any case within 6 months from receipt of writ of this order. CJM, Jalna is further directed that in case an application seeking exemption is filed by the petitioners, consider the same in accordance with law and dispose it of on its own merits. Rule is made absolute as indicated above. [A.V.POTDAR, J.] drp/B11/cwp877-11