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Bombay High Court

MANISHA GOKHALE SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed Off

Holding

The petition cannot be entertained while the trial court proceeding is stayed; the petitioner may file a fresh petition after the stay is vacated.

Summary

Manisha Gokhale Shah filed a writ petition seeking expeditious disposal of a criminal proceeding pending before the trial court. The respondent State argued that the trial court proceeding was stayed by the Sessions Court and this High Court. The Court noted that while the stay remains in effect, the petitioner cannot proceed with the present petition. It held that the petitioner is free to file a fresh petition once the stay is lifted. Accordingly, the Court disposed of the present petition.

Issues considered

  • Whether a writ petition seeking disposal of a trial court proceeding can be entertained while the proceeding is stayed by a lower court.

Subjects

  • stay of proceedings
  • writ petition
  • criminal procedure
  • expeditious disposal

Judgment

                                                                            17-WP-3666-2019 (CR).doc


   Shubhada S Kadam

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       CR. WRIT PETITION NO. 3666 OF 2019

                       Manisha Gokhale Shah                             ...Petitioner/s
                       Versus
                       The State of Maharashtra and anr.                ...Respondent/s
                       ________________________________________________________________

                       Mr. Chandansingh Shekawat, Advocate for Applicant.
                       Mr. B. B. Kulkarni, APP for Respondent-State.
                       Mr. Sahil Kakad, Advocate for the Respondent (through VC).
                       _________________________________________________________________

                                                          CORAM        :    SHIVKUMAR DIGE, J.
                                                          DATE         :    25th AUGUST, 2026.
                       P.C. :

                       1.        Heard learned counsel for the petitioner and learned counsel for
                       respondent.
                       2.        Learned counsel for respondent submits that the proceeding
                       before the Trial Court is stayed by the learned Sessions Court and this
                       Court.
                       3.        The petitioner is seeking expeditious disposal of the pending
                       proceeding.
                       4.        As the proceeding before the Trial Court is stayed by the
SHUBHADA Sessions Court and this Court, the petitioner is at liberty to file fresh
SHANKAR petition after the stay granted to the Trial Court proceeding is vacated.
KADAM
 Digitally signed by   5.        The petition is accordingly disposed of.
 SHUBHADA
 SHANKAR KADAM
 Date: 2026.08.27
 18:44:39 +0530



                                                                     (SHIVKUMAR DIGE, J.)




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