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Bombay High Court

NILOFAR MANSOOR ALI SHAIKHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The High Court held that, due to the two‑year delay, it may order the magistrate to decide the domestic‑violence application as early as possible.

Summary

The petitioner, Nilofar Mansoor Ali Shaikh, filed a domestic violence application (No.20 of 2024) before the 12th Judicial Magistrate First Class, Bandra, which has remained pending for two years. She moved an interim application before the Bombay High Court seeking an order to expedite the pending application. The learned counsel argued that the prolonged delay warranted judicial intervention. The Court considered whether it could direct a lower magistrate to decide the application promptly. Finding the delay unacceptable, the Court allowed the petition and directed the magistrate to decide the domestic violence application as early as possible, also ordering disposal of all pending applications. Consequently, the petition was granted and the matter was set for expedited resolution.

Issues considered

  • Whether the High Court can direct a lower magistrate to expedite a pending domestic violence application.
  • Whether an interim application seeking expeditious disposal of a domestic violence case is maintainable.

Subjects

  • Domestic Violence
  • Expedited hearing
  • Interim application
  • Criminal Procedure
  • High Court order

Judgment

                                                                                              902-IA-1554-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                               INTERIM APPLICATION NO. 1554 OF 2026
                                                               IN
                                                          WP/3408/2025

                              Nilofar Mansoor Ali Shaikh                  ...Applicant
                              VERSUS
           Digitally signed
           by NILAM
                              State Of Maharashtra & Anr.                 ...Respondents
NILAM   SANTOSH
                              ____________________________________________________________
SANTOSH KAMBLE
KAMBLE Date:
        2026.09.07
           11:53:03 +0530     Ms.Swapna P. Kode, for the Applicant.
                              Mr.M.G. Patil, APP for Respondent-State.
                              None present for Respondent No.2.
                              ____________________________________________________________
                                                                  CORAM : SHIVKUMAR DIGE, J.
                                                                  DATE            : 3rd SEPTEMBER 2026

                              P.C. :

                              .              By this Petition, the Petitioner is seeking to expedite the

                              Domestic Violence Application filed by the Applicant.

                              2.             It is contention of learned counsel for the Applicant that that the

                              Applicant has filed Domestic Violence Application No.20 of 2024, which is

                              pending before the 12th Judicial Magistrate First Class, Bandra from two

                              years. Hence, direction be given to expedite the said Application.

                              3.             Though Respondent served.            None present for Respondent

                              No.2.




                                                                    Page 1 of 2
                                                               902-IA-1554-2026 (CR).doc


N.S.Kamble


4.           Considering the submission of the learned counsel for the

Applicant, as well as Domestic Violence Application filed by the Applicant

is pending from two years, hence, I pass following order.

                                    ORDER

              (i)       The Petition is allowed.

              (ii)      The learned        12th Judicial Magistrate First Class,

              Bandra shall decide Domestic Violence Application No.20 of

              2024 as early as possible.

              (iii)     All pending Applications are disposed of.



                                                  (SHIVKUMAR DIGE, J.)




                                    Page 2 of 2


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