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Bombay High Court

KARNA KRISHNA CHAKI AND ORSversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition is allowed and the Sessions Court is directed to decide the pending discharge applications within six months.

Summary

The petitioners, Karna Krishna Chaki and others, filed a criminal writ petition seeking direction for the speedy disposal of two discharge applications filed in Sessions Case No. 458 of 2022, which had been pending since 2022 and 2025. They argued that the delay was unjustified and requested the High Court to expedite the matter. The respondent State, through its Assistant Public Prosecutor, sought an appropriate order without contesting the request. Justice Shivkumar Dige heard both sides and held that the High Court could direct the Sessions Court to decide the pending applications promptly. Accordingly, the petition was allowed, the Sessions Court was ordered to decide the discharge applications within six months, and all pending applications were disposed of.

Issues considered

  • The High Court's authority to direct a Sessions Court to decide pending discharge applications within a specified time frame

Subjects

  • criminal procedure
  • discharge application
  • high court direction
  • expeditious disposal
  • jurisdiction

Judgment

                                                            71-WP-1027-2026 (CR).doc



N.S.Kamble


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

             CRIMINAL WRIT PETITION NO. 1027 OF 2026

Karna Krishna Chaki And Ors                 ...Petitioners
VERSUS
State Of Maharashtra                        ...Respondent
____________________________________________________________
Mr.Prasad Panchal a/w Ms.Neha Rane, for the Petitioners.
Ms.G.P. Mulekar, APP for Respondent-State.
____________________________________________________________
                                  CORAM : SHIVKUMAR DIGE, J.
                                  DATE           : 22nd JUNE 2026

P.C. :

.            Heard learned counsel for the Petitioners and learned APP.

2.           The learned counsel for the Petitioners submits that Discharge

Applications vide Exhibit Nos.6 and 34 are filed in Sessions Case No.458 of

2022 which are pending before the learned Sessions Court, 56 th Court,

Mumbai, but yet it is not decided and requested to expedite these Discharge

Applications.

3.           The learned APP submit that appropriate order be passed.

4.           I have heard both learned counsel.

5.           The two Discharge Applications are filed by the Petitioners are

pending before learned Sessions Court, 56 th Court, Mumbai, since year

2022 and 2025, if direction is given to the learned Sessions Court to decide

                                   Page 1 of 2
                                                            71-WP-1027-2026 (CR).doc



N.S.Kamble


these Applications, it would suffice the purpose and I pass following order.

                                  ORDER

             (i)       The Petition is allowed.

             (ii)      The learned Sessions Court shall decide the Discharge

             Applications below Exhibit-6 and 34 filed in Sessions Case

             No.458 of 2022as early as possible and preferably within six

             months.

             (iii)     All pending Applications are disposed of.



                                                (SHIVKUMAR DIGE, J.)




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