Bombay High Court
SANDAWELLBEING PVT LTD THROUGH AJIT RAMANLAL PATELversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The High Court may order the trial magistrate to decide the pending discharge application and expedite the trial within a specified period.
Summary
Sandawellbeing Pvt Ltd, the first informant, filed a criminal writ petition seeking the High Court to direct the Metropolitan Magistrate's 32nd Court at Bandra to conclude proceedings in case number 1759/PW/2018 and decide a discharge application filed by the accused in 2019. The petitioner argued that the discharge application had been pending for seven years, violating the right to a speedy trial. The State of Maharashtra opposed the relief, seeking no order. The Court, noting the undue delay, exercised its supervisory jurisdiction and ordered that the magistrate decide the pending application within one month and expedite the trial, preferably within a year. Consequently, the writ petition was allowed and the matter was disposed accordingly.
Issues considered
- Whether the High Court can direct a Metropolitan Magistrate to decide a pending discharge application within a fixed time frame
- Whether a writ petition is maintainable to compel expeditious disposal of criminal proceedings
Subjects
- criminal procedure
- writ petition
- discharge application
- speedy trial
- magistrate
- expeditious disposal
- supervisory jurisdiction
Judgment
75-WP-3228-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 3228 OF 2026
Sandawellbeing Pvt Ltd Through Ajit Ramanlal Patel ...Petitioner/s
VERSUS
The State Of Maharashtra ...Respondent/s
_________________________________________________________________
Mr. Parth Sanghrajka a/w Swati Singh a/w. Ms. Anisha Thakkar i/by
Rajeev Sawant & Associates, Advocate for Petitioner.
Smt. R.D. Humane, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 9th SEPTEMBER, 2026.
P.C. :
1. Herd learned counsel for the Petitioner and learned APP for the
State.
2. By this Petition, the Petitioner is seeking to direct the Learned
Metropolitan Magistrate's 32nd Court at Bandra, Mumbai to conclude the
proceedings in CC No. 1759/PW/2018 in a time bound manner and to
direct the Learned Trial Court to decide the discharge application at
Exhibit -2 filed by the accused which is pending since the year 2019 within
a fixed time frame.
3. It is contention of learned counsel for the Petitioner that
Petitioner is the first informant. The accused has filed discharge
application before the Learned Metropolitan Magistrate's 32nd Court at
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75-WP-3228-2026 (CR).doc
Tikam
Bandra , which is pending since 2019. Hence, direction be given to decide
the application within time bound manner and requested to allow the writ
petition.
4. Learned APP submits that appropriate order be passed.
5. I have heard both learned counsel. It is surprising that discharge
application filed before the Learned Metropolitan Magistrate's 32nd Court
at Bandra is pending for last seven years. Considering this fact, I pass
following order:
ORDER
(i) The Writ Petition is allowed.
(ii) Learned Metropolitan Magistrate's 32nd Court at Bandra,
Mumbai shall decide/conclude the proceedings in CC No.
1759/PW/2018 within one month and expedite the trial as
early as possible, preferably within one year.
Writ Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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