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Judgment
Pratibha Upasani, J.—Heard Mr. Ghaisas for respondents 1 to 6 and Ms. Poornima Kantharia, learned A.P.P. for respondent No. 7/State. Perused the proceedings. It appears that the applicant/original complainant has filed this revision application for enhancement of the sentence of respondents 1 to 6/original accused, who were convicted by Judicial Magistrate, First Class, Pandharpur, by his judgment and order dated 12th March, 1993 for offences punishable u/s 498-A read with Section 34 of the Indian Penal Code and were sentenced to suffer simple imprisonment for three months and to pay fine of Rs. 300/- each and in default, to suffer simple imprisonment for one month.
Mr. Ghaisas, who is appearing for respondent Nos. 1 to 6 herein, informs the Court that the accused have filed Criminal Appeal No. 19 of 1993 in the Court of the Additional Sessions Judge, Pandharpur, and that appeal cannot be disposed of, since the record and proceedings has been called by this Court, after the Criminal Revision Application No. 58 of 1994 was filed by the applicant/original complainant Changuna @ Vaishali Vilas Bagal. He, therefore, prays that the record and proceedings be sent back to the Sessions Court to enable the learned Additional Sessions Judge to dispose of the criminal appeal.
Heard both the Advocates. Also perused the letter of Advocate Mr. Patil, who is representing the accused in the Sessions Court, addressed to Advocate Mr. Ghaisas. Xerox copy of the same is kept in the proceedings. In view of this, to enable the learned Additional Sessions Judge, to dispose of the criminal appeal expeditiously, record and proceedings which is lying in this Court, is directed to be sent to the Court of Additional Sessions Judge, Pandharpur for expeditious disposal the Appeal No. 19 of 1993.
In view of this position, the criminal revision application has become infructuous, since the criminal appeal is pending, and since one does not know what would be the outcome of the said appeal, Hence, the following order :
Criminal Revision Application No. 58 of 1994 is disposed of, as being infructuous. Rule discharged.
Record and proceedings be sent back forthwith to, the Sessions Court, Pandharpur for expeditious disposal of the Criminal Appeal No. 19 of 1993.