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Bombay High Court

WAMAN NADKARNIversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is partly allowed, and the 5th Metropolitan Magistrate Court, Dadar, is directed to decide the pending case within one year.

Summary

The petitioner, a senior citizen, filed a criminal writ petition seeking an expedited trial of a 2014 case involving alleged breach of trust, fraud, and forgery. The High Court had previously directed the Metropolitan Magistrate to speed up the proceedings, but no progress was observed. The respondent argued that the petition was not maintainable before this court and should be before a Division Bench, also noting a pending discharge application. The court examined the lack of compliance with its earlier direction and the procedural appropriateness of the petition. It partially allowed the petition, ordering the 5th Metropolitan Magistrate Court, Dadar, to decide the case within one year, and disposed of the writ petition.

Issues considered

  • Whether a criminal writ petition seeking expeditious trial is maintainable before a single judge of the High Court or should be before a Division Bench.
  • Whether the High Court can direct a Metropolitan Magistrate Court to decide a pending criminal case within a specified time frame.

Subjects

  • criminal breach of trust
  • fraud
  • forgery
  • expeditious trial
  • senior citizen
  • writ petition
  • metropolitan magistrate
  • high court direction

Judgment

                                                                                       59-WP-3275-2026 (CR).doc


                             S.S.Kilaje


                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                CRIMINAL WRIT PETITION NO. 3275 OF 2026

                                   Waman Nadkarni                                          ...Petitioner

                                   VERSUS

                                   The State Of Maharashtra And Ors.                       ...Respondents

                                   _________________________________________________________________

                                   Mr. Swapnil Shanbhag i/b. S.S.Bedekar, Advocate for Petitioner.
          Digitally signed
SONALI by SONALI
       SATISH KILAJE
SATISH Date:
       2026.08.24
KILAJE 11:03:13
                                   Mr. S. S. Pednekar, APP for the Respondent-State.
       +0530


                                   Mr. Ajay Bhise a/w. Mr. Sandeep Salunkhe, Advocate for Respondent
                                   No.3.
                                   Mr. Manoj Gupta, Respondent No.4 present.
                                   Mr. Durgaprasad K. Agarwal, Respondent No.5 present.
                                   Mr. Sunil Parab, PSI, Shivaji Park Police Station, Mumbai, present.
                                   _________________________________________________________________

                                                                       CORAM       :   SHIVKUMAR DIGE, J.
                                                                       DATE        :   20th AUGUST, 2026.
                                   P.C. :

                                   1.        Heard learned counsel for the petitioner, learned APP, learned

                                   counsel for respondent No.3, respondent Nos. 4 and 5 in person.

                                   2.        By this petition, the petitioner seeks to expedite the Case No.

                                   820/PW/2014     pending   before    the    Additional   Chief   Metropolitan

                                   Magistrate Court, Dadar, Mumbai, in a time bound manner.

                                   3.        It is contention of learned counsel for the petitioner that this

                                   Court (Coram : Sarang V. Kotwal, J.) by order dated 04.09.2023

                                   expedited the trial.   However, despite of the said order, there is no

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                                                           59-WP-3275-2026 (CR).doc


S.S.Kilaje


      progress in the matter. The petitioner is a senior citizen who had filed the

      complaint against the respondents for criminal breach of trust, fraud and

      forgery.   The respondents are prolonging the proceedings therefore

      requested to expedite the proceedings.

      4.         It is contention of learned counsel for the respondent No.3 that

      the petition is not maintainable before this Court as the prayer sought by

      the petitioner should lie before the Division Bench.        Learned counsel

      further submitted that the discharge application of the respondent No.3 is

      pending and requested to pass appropriate order.

      5.         Respondent Nos. 4 and 5 are present in person. They have

      tendered their Affidavit-in-Reply, which is taken on record. They submit

      that the proceedings are going on properly before the Metropolitan

      Magistrate Court.

      6.         I have heard both the learned counsel and parties appearing in

      person. It appears that this Court (Coram : Sarang V. Kotwal, J.) had

      directed the Metropolitan Magistrate Court to expeditiously decide the said

      matter, which is pending since year 2014. Despite the aforesaid direction

      of this Court, there is no substantial progress in the matter. It is a matter

      of serious concern that, despite the specific directions issued by this Court,

      the matter has not progressed. Considering this fact, I pass following order

      :


                                       Page 2 of 3
                                                       59-WP-3275-2026 (CR).doc


S.S.Kilaje


                                     ORDER

               (i)      The Petition is partly allowed.

               (ii)     Learned 5th Metropolitan Magistrate Court, Dadar,

                        Mumbai, shall decide the          pending Case     No.

                        820/PW/2014 as early as possible, preferably within

                        one year after receipt of this order.

      7.     Writ Petition is disposed of.



                                                 (SHIVKUMAR DIGE, J.)




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