STATE OF MAHARASHTRA Vs. SATYANDRA DAYAL KHARE

JUDGEMENT

(1.) THE State at the instance of Sahar Police Station, has preferred this application for transfer of a criminal case pending before the Metropolitan Magistrate, 22nd Court, Andheri, Mumbai, by invoking provisions of Section 407 of the Criminal Procedure Code. The application is made on the back drop of following facts:

(2.) CRIMINAL Case No. 944/P/92 is filed on a charge-sheet submitted by Sahar Police Station. The police machinery was set in motion by Smt.Rajashree Wagharay, a Probationary Officer from Indian Revenue Service, Pardat, Hyderabad, but deputed for training at Mumbai at Sahar Airport, at the relevant time. The accused-respondent herein was working as Collector of Customs and Central Excise at Sahar Airport, under whom Smt.Wagharay was supposed to undergo the training. Without stating the incident in detail, suffice it to state that on the allegations that respondent expected sexual favour from Rajashree, misbehaved with her and in fact outraged her modesty. On 21-3-1992, she lodged complaint at Sahar Airport Police Station. The police on investigation filed charge sheet for the offences under sections 352 and 342 of the Indian Penal Code, in the court of Metropolitan Magistrate, 22nd Court, Andheri.

(3.) IN spite of the above direction of this Court, the case was not disposed of and, therefore, respondent filed Criminal Application No.1909 of 1996 in this Court for direction to the Metropolitan Magistrate, 22nd Court, to dispose of the said case No.944/P/1992 expeditiously. This Court (Parkar, J.) on hearing counsel for the parties by order dated 26-8-1996, directed the Metropolitan Magistrate to dispose of trial of the case as early as possible by avoiding to give unnecessary adjournments to the prosecution. It was also stipulated that trial should be held day to day from next date of hearing and should be over by the end of September 1996. With this, No.1909/96 was disposed of.