Bombay High Court

GITESH UMAKANT KULKARNIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The High Court directed the Judicial Magistrate, First Class, Omerga to dispose of RCC No.31/2021 within one year and disposed of the petition.

Summary

The petitioner, Gitesh Umakant Kulkarni, filed a criminal writ petition seeking the court’s direction to the Judicial Magistrate, First Class, Omerga, for an expeditious hearing and disposal of RCC No.31/2021, which involves an offence under Section 498-A IPC and other IPC provisions. The case was registered on 21 January 2021 and had remained pending for over five years, with a recent application by the complainant still awaiting decision. The High Court noted the undue delay and exercised its supervisory jurisdiction to order the magistrate to dispose of the case as soon as possible, preferably within one year from the date of the order. The court’s direction aims to uphold the right to a speedy trial and prevent prolonged litigation. Consequently, the petition was disposed of following the issuance of the directions.

Issues considered

What authority does a High Court have to direct a Judicial Magistrate to expedite the disposal of a pending criminal case?
Whether the delay of over five years in a criminal proceeding violates the right to a speedy trial under Article 21 of the Constitution.

Legislation cited

Indian Penal Code, 1860 — s. 498-A

Subjects

criminal law
speedy trial
Section 498-A
writ petition
judicial magistrate
delay
expeditious disposal

Judgment

2026:BHC-AUG:45795-DB

                                                                       1085.2026WP

                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        928 CRIMINAL WRIT PETITION NO. 1085 OF 2026

                                GITESH UMAKANT KULKARNI
                                             VERSUS
                       THE STATE OF MAHARASHTRA AND ANOTHER
                                                ...
                 Advocate for the Petitioner : Mr. Mate Ashvini R.
                 APP for Respondent/State : Mr.S.J. Salgare
                                                ...
                                      CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                      DATE      :   30.09.2026

                 P.C. :
                 1.          Heard.
                 2.          Learned counsel for the petitioner submits that
                 directions to the Judicial Magistrate, First Class, Omerga is
                 required to expeditious hearing and disposal of R.C.C.
                 no.31/2021.
                 3.          The record shows that the present case has been
                 registered on 21st January, 2021 and it is more than five
                 years old. The Roznama indicates that an application was
                 filed by the complainant i.e. present respondent no.2 for filing
                 the documents on 04.04.2026, but it is still not decided by
                 the concerned J.M.F.C.
                 4.          Considering the fact that the matter is more than
                 five years old, we deem it appropriate to direct the learned
                 Judicial Magistrate, First Class, Omerga, Dist. Osmanabad to
                 dispose of the aforesaid R.C.C. no. 31/2021 filed under
                 Section 498-A and other sections of Indian Penal Code, as
                                                    1085.2026WP

                               2

early as possible and preferably within period of one year
from the date of this order.
5.         With these directions, the present petition stands
disposed of.




[VAISHALI PATIL-JADHAV]            [SANDIPKUMAR C.MORE]
        JUDGE                             JUDGE
sga

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