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Bombay High Court

RAJESH SURENDRA PARIKHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court directed the Judicial Magistrate to dispose of the pending application within three months, thereby enforcing the earlier order.

Summary

The petitioner, a husband, filed a writ petition under Articles 226 and 227 of the Constitution seeking enforcement of a March 5, 2026 order of the Judicial Magistrate First Class that allowed him to peacefully enter the marital flat. He had also filed an application (Exhibit‑17) with the police requesting assistance for the same purpose, which the magistrate had not yet disposed of. The petitioner’s counsel argued that the magistrate’s inaction was thwarting his right to reside in the flat and sought a directive for the magistrate to decide the application within three months. The respondent State’s counsel opposed the petition. The High Court noted that the parties’ contentions remain open and ordered the magistrate to dispose of the pending application within three months, thereby disposing of the writ petition.

Issues considered

  • Whether the High Court can direct a Judicial Magistrate to dispose of a pending application for police assistance within a specified time
  • Whether the petitioner is entitled to enforcement of the lower court’s order allowing him to enter the flat

Subjects

  • Articles 226 and 227
  • Writ petition
  • Judicial Magistrate First Class
  • Police assistance
  • Enforcement of decree
  • Residence rights

Judgment

                                                    58-WP-3567-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.3567 OF 2026


Rajesh Surendra Parikh                                …Petitioner
      Versus
The State of Maharashtra & Anr.                       …Respondents


Ms. Akshata Bhogle a/w. Mr. Mayank Mishra i/b. Mr. Mayank
Mishra, for the Petitioner.
Mr. S. S. Ghag, APP, for Respondent No.1-State.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATED :      27th JULY 2026
PC:-


1.       Heard Ms. Bhogle, learned Counsel appearing for the

Petitioner and Mr. Ghag, learned APP appearing for Respondent

No.1-State.



2.       In this Writ Petition filed under Articles 226 and 227 of the

Constitution of India, the Petitioner i.e. Husband is seeking relief

that Respondent No.2 i.e. Wife be directed to comply with the

order dated 5th March 2026 passed by the learned Judicial

Magistrate First Class (for short “JMFC”), 62nd Court, Dadar,




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Mumbai in C.C. No.6200165/DV/2023 and permit the Petitioner

to peacefully enter into the subject flat.



3.       However, perusal of the record shows that the Petitioner has

already filed an Application bearing Exhibit-17 seeking direction to

the Senior Inspector of Police, Worli Police Station, Mumbai to

provide necessary assistance and to direct the deputed officer to

accompany him for the purpose of enabling him to enter and

reside in the subject flat in terms of the order dated 5 th March

2026.



4.       Ms. Bhogle, learned Counsel appearing for the Petitioner

submits that although, the said Application is filed, the learned

JMFC is not disposing of the said Application and proceeding with

the matter.



5.       Accordingly, the learned JMFC is requested to dispose of the

said Application bearing Exhibit-17 in accordance with law within

a period of three months from today.




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            6.        It is clarified that all contentions of both the parties are

            expressly kept open.



            7.        Accordingly, the Writ Petition is disposed of in above terms.




                                                          [MADHAV J. JAMDAR, J.]



 SONALI
 MILIND
 PATIL
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.07.27
17:42:07 +0530




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