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
:
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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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