IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2094 OF 2007 Rakesh Dayashankar Tiwari... ...... ......Petitioner V/s State of Maharashtra .... ...... ......Respondent. Mr.J.B.Mishra, Adv. For the petitioner. Mr.Y.S.Shinde, APP For the respondent. CORAM: A.P.DESHPANDE, J. 24/3/08 PC: The petitioner is one of the accused in criminal case No.360/99. A charge came to be framed after rejecting the application for discharge moved by the present petitioner under section 407 of IPC. Aggrieved thereby the petitioner carried a revision application before the Sessions Judge and after dismissal of the revision the present writ petition has been filed. The prosecution case is that the accused is the owner of a truck which was hired by transport company for transporting goods from Renukot in UP for Thane destination. It is undisputed that there has been entrustment of goods by the transport company/complainant to the present petitioner and the value of the goods was about Rs.11,50,000/-. The goods were loaded. However they have not reached the place of destination at Thane. According to the petitioner the truck was robbed by unknown 1 persons and all the goods were thus stolen away. Both the Courts below have held that prima facie material exists for framing of a charge under section 407. Perused the impugned order. The Sessions Judge is right in holding that the case of the petitioner about the incident of robbery taking place while the goods were in transit can only be considered during the course of trial and not at the initial stage. I do not see any illegality or impropriety committed by the Courts below so as to warrant interference in exercise of writ jurisdiction. In the result writ petition fails and is summarily dismissed. However having regard to the fact that the incident had occurred in the year 199 and charge has been framed in the year 2003 I deem it appropriate to expedite the hearing of the trial. I hope and trust that the trial Court shall proceed to conclude the trial as far as possible within a period of six months from today. Learned counsel for the petitioner assures the petitioner's cooperation for expeditious decision of the case. 24.3.08 2