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Bombay High Court

SETHU JAYAKUMARversusARATI UNNI W/O SETHU JAYAKUMAR AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is allowed, and the Judicial Magistrate is directed to decide the pending criminal matter within six months.

Summary

The petitioner, Sethu Jayakumar, filed a writ petition seeking an order directing the Judicial Magistrate First Class, 5th Court, Pune, to expedite the pending Criminal MA No.1441 of 2022. The respondents (Arati Unni W/O Sethu Jayakumar and others) raised no objection to the request. The learned counsel for both sides appeared before the High Court. The Court, after considering the submissions, allowed the petition and ordered that the magistrate decide the matter as early as possible, preferably within six months of receipt of the order, and disposed of all pending applications. The order reflects the Court’s power to ensure speedy trial in criminal matters under its writ jurisdiction.

Issues considered

  • Whether the High Court can issue a directive to a Judicial Magistrate to dispose of a pending criminal matter within a specified time frame under its writ jurisdiction

Subjects

  • expeditious trial
  • criminal procedure
  • writ petition
  • High Court jurisdiction
  • pending criminal matter
  • speedy justice

Judgment

                                                                                           52-WP-3787-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 CR. WRIT PETITION NO. 3787 OF 2026

                              Sethu Jayakumar                             ...Petitioner
                              Versus
                              Arati Unni W OF o Sethu Jayakumar And Ors   ...Respondents
                              ____________________________________________________________
                              Ms.Srushti More i/b Mr.Siddharth Agarwal, for the Petitioner.
                              Mr.Ganesh Pandit, for Respondent Nos.2 to 5.
           Digitally signed
NILAM   by NILAM
        SANTOSH
                              Mr.S.R. Agarkar, APP for Respondent No.6-State.
SANTOSH KAMBLE
KAMBLE Date: 2026.09.17
           10:54:17 +0530
                              ____________________________________________________________
                                                                 CORAM : SHIVKUMAR DIGE, J.
                                                                 DATE           : 16th SEPTEMBER, 2026

                              P.C. :

                              .              Heard learned counsel for the Petitioner, learned counsel for
                              Respondent Nos.2 to 5 and learned APP.
                              2.             The learned counsel for the Petitioner seeks to expedite the
                              Criminal MA No.1441 of 2022 pending before the Judicial Magistrate First
                              Class (‘JMFC’ for short), 5th Court, Pune.
                              3.             The learned counsel for Respondent Nos.2 to 5 has no objection
                              to expedite the matter.
                              4.             Considering the submissions of the both learned counsel, I pass
                              following order.
                                                                  ORDER

                                                (i)    The Petition is allowed.
                                                (ii)   The learned JMFC, 5th Court, Pune shall decide the
                                                pending Criminal MA No.1441 of 2022 as early as possible,


                                                                  Page 1 of 2
                                                           52-WP-3787-2026 (CR).doc


N.S.Kamble


             preferably within six months, after receipt of this order.
             (iii)   All pending Applications are disposed of.



                                              (SHIVKUMAR DIGE, J.)




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