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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.




                                                      Page 1
                    Sonali
                                                     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.]




                                  Page 2
Sonali


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