Bombay High Court
ASHOK SAKHARAM JADHAV (DECEASED) THROUGH GANGUBAI SAKHARAM JADHAVversusJYOTI ASHOK JADHAV CHAVAN AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court ordered that the pending criminal case be disposed of by 31 May 2028 without addressing the merits of the protection order application.
Summary
The petitioners filed a criminal writ petition in the Bombay High Court seeking an order for the speedy disposal of Complainant Case No. 472/SS/2014, which was pending before the Judicial Magistrate First Class, 67th Court, Borivali. The pending case involved an application for a protection order under Section 18 of the Protection of Women from Domestic Violence Act, 2005. The court noted that the relief sought was limited to procedural acceleration and that it had not examined the merits of the underlying domestic violence claim. Accordingly, the court directed that the magistrate dispose of the case on or before 31 May 2028. All substantive issues on the merits were left open, and the writ petition was disposed in the terms ordered.
Issues considered
- Whether a writ petition can be entertained to direct expeditious disposal of a pending criminal case seeking protection under the PWDA
- Whether the court may issue a timeline for disposal without adjudicating the merits of the underlying domestic violence claim
Legislation cited
Subjects
- Protection Order
- Domestic Violence
- Expeditious Disposal
- Writ Petition
- Criminal Appellate Jurisdiction
- Bombay High Court
Judgment
61-WP-3171-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3171 OF 2026
Digitally
signed by 1. Ashok Sakharam Jadhav
SONALI
SONALI MILIND (Deceased)
MILIND PATIL
PATIL Date: 2. Gangubai Sakharam Jadhav & Anr. …Petitioners
2026.10.06
18:39:08 Versus
+0530
Jyoti Ashok Jadhav Chavan & Anr. …Respondents
Ms. Nikita Suresh Kamble i/b. Ms. Kasturi Ghadshi Narkar, for the
Petitioners.
Mrs. M. R. Tidke, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 6th OCTOBER 2026
PC:-
1. Heard Ms. Kamble, learned Counsel appearing for the
Petitioners and Mrs. Tidke, learned APP appearing for the
Respondent-State.
2. The only relief sought in this Writ Petition is the expeditious
disposal of Complainant Case No.472/SS/2014 pending before the
learned Judicial Magistrate First Class, 67 th Court, Borivali,
Mumbai.
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61-WP-3171-2026.DOC
3. As very limited relief is sought and as the said case is filed
seeking, inter alia, a protection order under Section 18 of the
Protection of Women from Domestic Violence Act, 2005 , the
concerned Court is requested to dispose of the said Complainant
Case No.472/SS/2014 expeditiously, on or before 31st May 2028.
4. It is clarified that this Court has not considered the merits
and all contentions on merits are expressly kept open.
5. Accordingly, the Writ Petition is disposed of in above terms.
[MADHAV J. JAMDAR, J.]
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