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Bombay High Court

SHEILA COUTINHOversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition is allowed and the Sessions Court is directed to decide the case within six months of the order.

Summary

Sheila Coutinho filed a criminal writ petition seeking an order to expedite the trial of Sessions Case No. 1018 of 2013 pending before the 17th Court of Sessions, Mumbai, which had been pending since 2013. The petitioner argued that the prolonged delay violated her right to a speedy trial. The High Court, after noting the inordinate delay, exercised its inherent powers to direct the Sessions Court to dispose of the case as early as possible, preferably within six months of the order. No substantive discussion of statutory provisions or precedents was recorded. The petition was allowed, an order for speedy disposal was issued, and the writ petition was thereafter disposed.

Issues considered

  • Whether the High Court can direct a Sessions Court to expedite a criminal trial pending for an extended period

Subjects

  • expedition of trial
  • criminal procedure
  • speedy trial
  • writ petition
  • delay in criminal trial

Judgment

                                                                                          30-WP-354-2023 (CR).doc

                             S.S.Kilaje


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL WRIT PETITION NO. 354 OF 2023

                                   Sheila Coutinho                                           ...Petitioner
                                   VERSUS
                                   State Of Maharashtra And Ors.                             ...Respondents

SONALI SATISH
          Digitally signed
       by SONALI

SATISH Date:
               KILAJE              _________________________________________________________________
KILAJE 2026.09.02
       14:59:22 +0530




                                   None for Petitioner.
                                   Mr. B. B. Kulkarni, APP for the Respondent – State.
                                   _________________________________________________________________

                                                                         CORAM      :   SHIVKUMAR DIGE, J.
                                                                         DATE       :   1st SEPTEMBER, 2026.
                                   P.C. :

                                   1.         None for the petitioner.

                                   2.         By this Petition, the petitioner is praying to expedite the trial in

                                   Sessions Case No. 1018 of 2013 pending before the 17 th Court of Sessions

                                   Court, Mumbai.

                                   3.         Learned APP submits that appropriate order be passed.

                                   4.         As the Sessions Case is pending since year 2013, I pass

                                   following order :

                                                                      ORDER

                                                  i.     Petition is allowed.

                                                  ii.    The learned 17th Court of Sessions Court, Mumbai,

                                                          shall decide the Sessions Case No. 1018 of 2013 as

                                                          early as possible preferably within six months after

                                                                    Page 1 of 2
                                                         30-WP-354-2023 (CR).doc

S.S.Kilaje


                         receipt of this order, if not decided earlier.

      5.     Writ Petition is disposed of.



                                                 (SHIVKUMAR DIGE, J.)




                                   Page 2 of 2


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