ANANTRAO NARAYANRAO THOPTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is facing trial before the learned JMFC, Bhor for the offence punishable under Sec. 323, 354, 143, 147, 504, 506 of the IPC.

(2.) Being aggrieved by the impugned orders, the applicant approached the Sessions Court at Pune by filing Criminal Revision which came to be rejected on 19 th March 2021 on the ground that the discretion vested in the authorities for seeking exemption under Sec. 205 or Sec. 317 (1) of the Code of Criminal Procedure, being not a right of the accused, the Court would exercise the discretion judiciously.

(3.) On consideration of the application and the fact that as on date, the applicant is nearing 90, and since the trial before the Magistrate is not yet commenced and the learned counsel Deshmukh makes a positive statement that till today, charge is not framed in RCC No. 164 of 2016.