Bombay High Court
Kulin Jethabai ShahversusState of Maharashtra Through Manikpur Police Station
- Decided
- Disposal
- Disposed Off
Holding
The court directed the trial court to conclude the trial within one year and disposed of the application.
Summary
Kulin Jethabhai Shah, the complainant in RCC No.134 of 2008 before the Judicial Magistrate First Class, Vasai, filed an application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking relief due to prolonged delays caused by repeated adjournments sought by the accused. Shah, a senior citizen with health problems, argued that the continued delays made it difficult for him to attend court in Vasai and requested that the trial be transferred to a court in Mazgaon, Mumbai, where he resides. The court considered the applicant's grievance and the lack of substantial progress over 18 years. It ordered the trial court to endeavour to conclude the trial within one year from the receipt of the order. The application was subsequently disposed of on these terms.
Issues considered
- Whether the trial court should be directed to expedite the trial and consider transfer of the case due to the applicant's health and prolonged adjournments.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 447
Subjects
- criminal procedure
- adjournment
- trial delay
- senior citizen
- transfer of trial
- Section 447
- Bharatiya Nagarik Suraksha Sanhita
Judgment
1 12-APPLN 364-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.364 OF 2026
Kulin Jethabhai Shah … Applicant
Vs.
The State of Maharashtra & Anr. … Respondents
-----
Ms. Vrunali Girase for the Applicant.
Mr. Mayur Sonavane, APP for the Respondent-State.
API Jagdish Valvi, Manikpur PS is present.
-----
CORAM : N.R. BORKAR, J.
DATE : 09TH OCTOBER 2026
P.C. :
Digitally
signed by
MUGDHA
MANOJ
MUGDHA
MANOJ PARANJAPE
PARANJAPE Date:
1. This is an Application under Section 447 of the Bharatiya Nagarik
2026.10.09
17:29:23
+0530
Suraksha Sanhita, 2023.
2. The Applicant is the complainant in R.C.C. No.134 of 2008 pending
on the file of the Judicial Magistrate First Class, Vasai.
3. Learned Counsel for the Applicant submits that the Applicant is
diligently attending the said matter since last 18 years, however, there is
no substantial progress in the matter as Respondent No.2-accused is
seeking adjournment on one or the other ground. It is submitted that the
Applicant is now senior citizen and it is difficult for him to attend the
court at Vasai due to his health issues. It is submitted that as the Applicant
is resident of Matunga, Mumbai the matter may be transferred to the
Court at Mazgaon, Mumbai.
Mugdha 1 of 2
2 12-APPLN 364-26.doc
4. Considering the grievance of the Applicant, the following order is
passed:
ORDER
The trial court shall endeavour to conclude the trial in
R.C.C. No.134 of 2008 within a period of one year from
the date of receipt of copy of this order.
5. The Criminal Application is disposed of in the aforesaid terms.
(N.R. BORKAR, J.)
Mugdha 2 of 2
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