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.
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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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