Created by Fuzzy Cloud

Bombay High Court

ANKIT GIRIDHARILAL VADHWANA AND OTHERversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner’s right to a speedy trial justifies a direction to the magistrate to decide the pending case at the earliest.

Summary

The petitioner, an accused in RCC No. 301 of 2023 before the 5th Judicial Magistrate First Class, Panvel, has been in custody since January 2023 with no progress in the trial. He filed a criminal writ petition seeking a direction to expedite the pending case, invoking his right to a speedy trial. The State opposed, offering no substantive objection. The Court, after hearing both sides, allowed the petition and ordered the magistrate to decide the case as early as possible. Consequently, the petition was disposed of in the petitioner’s favour.

Issues considered

  • Whether the petitioner is entitled to a judicial direction for the expeditious disposal of the pending criminal trial under the right to speedy trial

Subjects

  • speedy trial
  • right to speedy trial
  • criminal procedure
  • writ petition
  • detention
  • judicial direction

Judgment

                                                                             57-WP-3354-2026 (CR).doc


     Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL WRIT PETITION NO. 3354 OF 2026

                      Ankit Giridharilal Vadhwana                      ...Petitioner/s
                      Versus
                      The State of Maharashtra                         ...Respondent/s
                      _________________________________________________________________

                      Mr. Maruti Parshuram Mhavarkar, Advocate for Petitioner.
                      Mr. B. B. Kulkarni, APP for Respondent-State.
                      PSI-Gupta, NRI Sagri, Police Station, Navi Mumbai, present.
                      _________________________________________________________________

                                                           CORAM         :   SHIVKUMAR DIGE, J.
                                                           DATE          :   11th SEPTEMBER, 2026.
                      P.C. :

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

                      respondent-State.

                      2.         By this petitioner, the petitioner is seeking a direction to

                      expedite R.C.C. No. 301 of 2023 pending before the learned 5th Judicial

                      Magistrate First Class, Panvel, District Raigad.

                      3.         Learned counsel for the petitioner submitted that the petitioner

                      is an accused in the said case and is behind bars since January 2023 and

                      there is no progress in the trial. Hence, requested to expedite the matter.

                      4.         Learned APP submitted that appropriate orders be passed.
         Digitally
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR  KADAM        5.         I have heard both learned counsel. As the petitioner is behind
KADAM    Date:
         2026.09.12
         15:40:28
         +0530
                      bars since 2023 and there is no progress in the trial, I pass following


                                                        Page 1 of 2
                                                                     57-WP-3354-2026 (CR).doc


Shubhada S Kadam


               order:

                                                ORDER

                    (a)    The petition is allowed.

                    (b)    Learned 5th Judicial Magistrate First Class, Panvel, District

                           Raigad shall decide the pending R.C.C. No. 301 of 2023 as

                           early as possible.

                          The petition is disposed of accordingly.




                                                              (SHIVKUMAR DIGE, J.)




                                                Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.