Case Note & Summary
The High Court of Judicature at Bombay, in its Criminal Appellate Jurisdiction, was dealing with Criminal Appeal No. 93 of 2019 filed by Gopal Sahebrao Yadav against the State of Maharashtra and another. The matter came up for directions upon a communication received from the Sessions Judge, Kalyan seeking extension of time stipulated in the order passed by this Court on 9 July 2019. The court noted that the learned Sessions Judge had first sent a communication on 25 February 2020, which was received by the Registry on 26 February 2020, and another communication was sent on 23 February 2021. However, the communication dated 23 February 2021, received on 25 February 2021, was placed before the Court only in August 2021 for extension. The court observed that such requests for extension of time should be placed on board as early as possible. The court was informed that the Registry receives such requests also by email in addition to postal correspondence. If such requests are put before the Court immediately, an order can be passed avoiding the situation where the period for which extension is sought is over by the time the order granting extension is passed. The court also noted that time is taken to locate disposed of matters, causing delay in placing such requests. The court directed the Registrar (Judicial) to examine and consider whether it is feasible to place such requests for extension of time before the Court along with the order of the Court directing time-bound disposal without the main papers, subject to a direction by the Court to produce such papers. The court granted the extension as sought for the reasons stated in the communications.
Headnote
A) Criminal Procedure - Extension of Time - Time-Bound Disposal - Requests for extension of time stipulated by the court should be placed before the court as early as possible to avoid the situation where the period for which extension is sought is over by the time the order granting extension is passed. The court directed the Registrar (Judicial) to examine the feasibility of placing such requests along with the order directing time-bound disposal without the main papers, subject to a direction by the court to produce such papers. (Paras 2-3)
Issue of Consideration
Whether the request for extension of time stipulated by the court should be placed before the court promptly to avoid the period for which extension is sought being over by the time the order is passed.
Final Decision
The court granted the extension as sought for the reasons stated in the communications. It also directed the Registrar (Judicial) to examine and consider whether it is feasible to place such requests for extension of time before the Court along with the order of the Court directing time-bound disposal without the main papers, subject to a direction by the Court to produce such papers.
Law Points
- Extension of time
- time-bound disposal
- administrative directions
- prompt placement of requests
