Bombay High Court
SWAPNIL HIRAYversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the Special POCSO Court to decide the pending matters within two months and disposed of the writ petition.
Summary
The petitioner filed a writ petition seeking directions to the Special POCSO Court, Dindoshi (Court No.9), to decide a pending summary case (No.3/C/25) and a criminal miscellaneous application (No.128 of 2025) that had been delayed since January 2025. The petitioner alleged inordinate delay in the disposal of the protest petition and the summary report. The High Court examined the delay and found merit in the petitioner's claim, emphasizing the need for expeditious justice in POCSO matters. Consequently, the Court ordered the Special POCSO Court to decide the pending matters within two months from the date of the order. The writ petition was thereafter disposed of.
Issues considered
- Whether the Special POCSO Court should be directed to decide the pending summary case and application within a fixed, time‑bound period due to inordinate delay
Legislation cited
Subjects
- delay
- Special POCSO Court
- writ petition
- summary case
- expeditious disposal
- Protection of Children from Sexual Offences Act
Judgment
SMITA Digitally signed by SMITA
JOHNSON GONSALVES
JOHNSON Date: 2026.06.29
GONSALVES 14:56:31 +0530
sg 903.wp3018-26.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3018 OF 2026
Swapnil Hiray … Petitioner
versus
State of Maharashtra And Anr. … Respondents
----
Mr. Anuj Girish Pande, for the Petitioner.
Ms. Supriya Kak, for the Respondent/State.
----
CORAM: SARANG V. KOTWAL &
ASHISH S. CHAVAN, JJ.
DATE: 25th JUNE, 2026.
P.C.:
1. The main prayer in this Petition is for directions to the
learned Special POCSO Court, Dindoshi (Court No.9) to decide
Summary Case No.03/C/25 and Criminal Miscellaneous
Application No.128 of 2025 within a fixed and time-bound period.
There are other prayers. The learned Counsel for the Petitioner has
not pressed the other prayers.
2. The learned Counsel for the Petitioner submitted that his
Protest Petition is pending since January, 2025. He submitted that
Page 1 of 2
__________________________________________________
25th June, 2026
sg 903.wp3018-26.docx
there is inordinate delay in deciding the said Petition. We find
substance in the submissions of the learned Counsel for the
Petitioner. The Court ought to have decided the Protest Petition
and the Summary Report expeditiously. Therefore, following
order is passed:
ORDER
(i) The Special POCSO Court Dindoshi No.9 shall decide
the Summary Case No.3/C/25 and Criminal
Miscellaneous Application No.128 of 2025 within a
period of two months from today after following due
process of law.
(ii) The Petition is disposed of.
ASHISH S. CHAVAN, J. SARANG V. KOTWAL, J.
Page 2 of 2
__________________________________________________
25th June, 2026
Checking your session…