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Bombay High Court

SHASHIKANT SURYAKANT GUJARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court held that it may issue a writ directing the lower magistrate to dispose of a pending criminal complaint within a reasonable time.

Summary

The petitioners filed a criminal writ petition seeking expeditious disposal of a private complaint (RCC No.208/2012) pending before the Judicial Magistrate, First Class at Khadki, Pune since 2011. The respondents, including the State of Maharashtra, were served but one respondent did not appear. The High Court, after hearing counsel for both sides, considered whether a writ could be used to compel a lower magistrate to speed up the trial. The Court held that the writ jurisdiction is appropriate to ensure timely justice in pending criminal matters. Accordingly, the Court allowed the writ petition and directed the magistrate to dispose of the case within one year of receipt of the order, and then disposed of the writ petition.

Issues considered

  • Whether a criminal writ petition can be entertained to direct a lower court to expedite disposal of a pending private complaint.
  • Whether the High Court may impose a specific time‑frame on a Judicial Magistrate for disposing of an ongoing criminal case.

Subjects

  • private complaint
  • criminal writ petition
  • expeditious trial
  • judicial magistrate
  • direction to lower court
  • pending criminal case

Judgment

                                                                             63-WP-1651-2026 (CR).doc

                   Tikam



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL WRIT PETITION NO. 1651 OF 2026

VAISHALI               Shashikant Suryakant Gujar                      ...Petitioner/s
ANIL                   VERSUS
TIKAM                  The State Of Maharashtra And Anr                ...Respondent/s
Digitally signed       _________________________________________________________________
by VAISHALI
ANIL TIKAM
Date:                  Mr. Sujay Gangal, for the Petitioner.
2026.09.23
11:56:28 +0530
                       Smt. R.D. Humane, APP for the State- Respondent No.1.
                       _________________________________________________________________

                                                              CORAM     :   SHIVKUMAR DIGE, J.
                                                              DATE      : 22nd SEPTEMBER, 2026.
                       P.C. :

                       1.         Heard learned counsel for the Applicant and learned APP.

                       2.         Though Respondent No.2 has been duly served, none appears

                       for Respondent No.2.

                       3.         It is contention of learned counsel for the Petitioner that private

                       complaint is pending since 2011 before the Judicial Magistrate, First Class

                       at Khadki, Pune. Hence, direction be given to expedite the matter.

                       4.         Considering the submissions of learned counsel for the

                       Petitioner, I pass following order:

                                                             ORDER

                       (i)        Criminal Writ Petition is allowed.

                       (ii)       The Judicial Magistrate, First Class at Khadki, Pune,         shall

                       dispose of RCC No.208/2012 as early as possible, preferably within one


                                                         Page 1 of 2
                                                            63-WP-1651-2026 (CR).doc

Tikam


    year after receipt of this order.

    (iii)      Writ Petition is disposed of.



                                                      (SHIVKUMAR DIGE, J.)




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