Created by Fuzzy Cloud

Bombay High Court

ANKIT GIRIDHARILAL VADHWANA AND OTHERversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition is allowed and the magistrate is directed to decide the case as early as possible.

Summary

The petitioner, an accused in RCC No. 295 of 2023 pending before the 5th Judicial Magistrate First Class, Panvel, has been incarcerated since January 2023 with no progress in the trial. He filed a criminal writ petition seeking a direction from the High Court to expedite the pending trial. The respondent State opposed the petition. The Court, noting the prolonged detention and lack of trial progress, allowed the petition and directed the magistrate to decide the case as early as possible. No specific statutes or precedents were cited. The petition was consequently disposed of in favor of the petitioner.

Issues considered

  • Whether the High Court can issue a direction to a Judicial Magistrate to expedite a pending criminal trial to ensure a speedy trial.

Subjects

  • criminal procedure
  • speedy trial
  • writ petition
  • judicial delay
  • expeditious trial

Judgment

                                                                             58-WP-3358-2026 (CR).doc


     Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL WRIT PETITION NO. 3358 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. 295 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.


         Digitally
                      4.         Learned APP submitted that appropriate orders be passed.
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR  KADAM
KADAM    Date:
         2026.09.12
         15:40:28
                      5.         I have heard both learned counsel. As the petitioner is behind
         +0530




                                                        Page 1 of 2
                                                                     58-WP-3358-2026 (CR).doc


Shubhada S Kadam


               bars since 2023 and there is no progress in the trial, I pass following

               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. 295 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.