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.)
Page 1 of 1
Checking your session…