Bombay High Court
NANDKISHORE R AGRAWALversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the writ petition is allowed and directed the trial court to dispose of the pending criminal case within six months.
Summary
The petitioner, Nandkishore R. Agrawal, filed a criminal writ petition under Article 226 seeking an order to expedite a criminal trial (C.C. No. 461/PW/2005) pending before the Judicial Magistrate First Class, 65th Court, Andheri, which had been languishing since 2005. He alleged severe health problems, including three heart attacks and a cancer diagnosis, and argued that the inordinate delay violated his right to a speedy trial. The State of Maharashtra opposed the petition, merely requesting that an appropriate order be passed. Justice Shivkumar Dige, after hearing counsel, noted the extraordinary delay of over twenty years and ordered the petition to be allowed. The court directed the trial court to dispose of the case as early as possible, preferably within six months of receipt of the order, and thereafter disposed of the writ petition. The order reflects the court’s supervisory jurisdiction to ensure timely disposal of criminal proceedings.
Issues considered
- Whether the High Court can, under its writ jurisdiction, direct a lower criminal court to expedite a pending trial.
- Whether the prolonged delay in the criminal case violates the petitioner’s constitutional right to a speedy trial.
Subjects
- expedite trial
- right to speedy trial
- criminal procedure
- writ petition
- High Court of Bombay
- judicial delay
Judgment
61-WP-4000-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4000 OF 2026
Nandkishore R Agrawal … Petitioner
VERSUS
SONALI by
Digitally signed
SONALI
State Of Maharashtra … Respondent
SATISH Date:
SATISH KILAJE
KILAJE 2026.08.28
14:40:49 +0530
_________________________________________________________________
Advocate S.B.Rao, for Petitioner.
Mr. S.S.Pednekar, APP for Respondent-State.
Mr. Dipak Thorat, PSI, Oshiwara Police Station, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 27th AUGUST, 2026.
P.C. :
1. By this petition, the petitioner is seeking expedite the trial
pending before the learned J.M.F.C., 65th Court, Andheri, Mumbai, as it is
pending since long time.
2. It is contention of learned counsel for the petitioner that
petitioner is complainant in the said criminal complaint, he has suffered
three heart attacks and he has diagnosed with cancer, still there is no
progress in the matter though it is pending for more than 20 years and
requested to allow the petition.
3. Learned APP submits that appropriate order be passed.
4. I have heard both the learned counsel. It is very surprising that
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61-WP-4000-2026 (CR).doc
S.S.Kilaje
the criminal case is pending since year 2005, yet there is no progress.
Considering this fact, I pass following order.
ORDER
(i) Writ Petition is allowed.
(ii) The learned J.M.F.C., 65th Court, Andheri, Mumbai,
shall expedite the police case i.e. C.C. No.
461/PW/2005 and shall dispose of the same as early
as possible preferably within six months after receipt
of this order.
5. Writ Petition is disposed of.
(SHIVKUMAR DIGE, J.)
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