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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


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