ARIJIT PASAYAT, C.K.THAKKER
Gangadhar Janardan Mhatre – Appellant
Versus
State of Maharashtra – Respondent
Judgment
Arijit Pasayat, J.—The appellant calls in question legality of the order passed by a Division Bench of the Bombay High Court dismissing the Criminal Writ Petition No. 1013 of 1997 filed by the appellant. The writ petition under Article 226 of the Constitution of India, 1950 (in short the “Constitution”) was filed with the following prayers:
“To call for record and proceedings of Sessions Case No. 62/89 in Cr. No. 257/87 pending before J.M.F.C. Vasai for consideration.
To issue writ of mandamus and not any other writ, order or direction to transfer the investigation of Cr.No. 257/87 from State CID to any other impartial investigating agency and/or to Senior P.I. Manickpur Police Station, Vasai under the supervision of Superintendent of Police, Thane (Rural).
To issue a writ of mandamus and/or any other writ, order or direction in the nature of writ of mandamus calling upon the Sessions Judge, Palghar to try and dispose of Sessions Case No. 62/89 within 3 months from the date of committing the case of Sessions Court.
To direct the learned J.M.F.C. Vasai to discharge the four adivasis accused in the Sessions Case No. 303/89 and commit the present Respondent Nos. 2 to 9 to Se
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