ASHOKBHAI BAVAJIBHAI PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Siddiqui for petitioner and Mrs.Pingulkar, APP for the State.

(2.) THIS writ petition is filed by the petitioner who is an accused in Case No.891/P/90 pending before the Metropolitan Magistrate, 21st Court, Bandra, Bombay. The Petitioner is being prosecuted for a traffick offence which is registered under C.R.No.174 of 1990 on 19/4/1990. The petitioner is a resident of State of Gujarat. He had made an application for discharge on 19/7/1996 before the trial court relying on the Judgment of the Supreme Court in Common Causes, a registered society Vs. Union of India & ors. reported in 1996 Cr.L.J.2380 where general order is passed in respect of the pending petitions in various courts throughout India. That application is not still heard. Pending the said application non-bailable warrant was issued against the petitioner by the trial court refusing to grant his application for exemption as he could not remain present as he comes from the State of Gujarat to attend this matter. The said warrant was however concelled subsequently but he was directed to remain present on each date henceforth.

(3.) IN view of the aforesaid position the above petition is rejected. However I direct the learned Metropolitan Magistrate presiding over the 21st Court Bandra, Bombay to dispose of the application of the petitioner-accused for discharge filed by him on 19th July 1996 at an early dated and in the meantime the petitioner-accused is exempted from appearing in the matter personally and is permitted to appear in the matter through his Advocate. The above petition is accordingly disposed of.