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Bombay High Court

PRASHANT SHASHIKANT KUCHEKARversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The Court allowed the interim application and fixed the final hearing for 9 October 2026.

Summary

The petitioner, Prashant Shashikant Kuchekar, filed an interim application seeking an early hearing of Writ Petition No. 1273 of 2024 against the State of Maharashtra. The respondent did not object to the request. The Court, after noting the lack of objection and the reasons stated in the application, granted the prayer to fix the matter for early hearing. Consequently, the Court fixed the final hearing of the writ petition for 9 October 2026. The judgment also observed that the decision in Anand Ramdhani Chaurasia & Another v. State of Maharashtra (2019 SCC OnLine Bom 1857) is sub judice before the Supreme Court, and the parties were directed to make submissions on that aspect.

Issues considered

  • Whether the interim application for fixing an early hearing should be allowed.
  • Whether the existence of a sub judice judgment affects the proceedings in the present writ petition.

Subjects

  • interim application
  • early hearing
  • sub judice
  • criminal appellate jurisdiction
  • writ petition

Judgment

                                                                                      901-IA-3727-2025 (CR).odt




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                     CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 3727 OF 2025
                                                    IN
                                        WRIT PETITION NO. 1273 OF 2024

                      Prashant Shashikant Kuchekar                        ..… Applicant/Petitioner

                                VERSUS

                      State of Maharashtra                                ..… Respondent

                                                              ...
                      Adv. S. M. Mane               a/w   Adv. Saurabh     Nikot,   Advocates            for
                      Applicant/Petitioner.

                      Mr. Anand S. Shalgaonkar, APP for Respondent-State.
                                                         ...

                                                          CORAM : ABHAY J. MANTRI, J.
                                                          DATE  : AUGUST 28, 2026
                      PER COURT :

                      1.            The Applicant has moved this Application to fix the matter for

                      early hearing. The learned APP has no objection thereto.


                      2.            Having considered the no objection given by the learned APP, as

                      well as the reasons disclosed in the Application, the Application is allowed in

                      terms of prayer clause (a).


                      3.            Accordingly, Writ Petition No. 1273 of 2024 be fixed for final
         Digitally
         signed by
         TALLE
         SHUBHAM
TALLE
SHUBHAM ASHOKRAO
ASHOKRAO Date:
                      hearing on 9th October, 2026.
         2026.08.29
         10:46:11
         +0530




                      Shubham                                                                      Page 1 of 2
                                                               901-IA-3727-2025 (CR).odt



4.              Needless to clarify that the Judgment passed by this Court in

Anand Ramdhani Chaurasia and Another v/s State of Maharashtra 1, is sub

judice before the Hon’ble Supreme Court. Therefore, the parties shall make

their submissions on this aspect.




                                                   (ABHAY J. MANTRI, J.)




1    2019 SCC OnLine Bom 1857
Shubham                                                                     Page 2 of 2


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