Created by Fuzzy Cloud

Bombay High Court

MANISH NAGINDAS DOSHIversusKAVYA CONSTRUCTION COMPANY AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court allowed the petition and directed the Judicial Magistrate First Class, 43rd Court, Borivali, to decide the case within one year.

Summary

Manish Nagindas Doshi filed a criminal writ petition before the Bombay High Court seeking an expeditious hearing of a criminal case (No. CC/2647/2016) pending before the Judicial Magistrate First Class, 43rd Court, Borivali, which had been pending for over ten years without disposal. The petitioner argued that the prolonged delay violated the right to a speedy trial. The respondents, Kavya Construction Company and others, filed an affidavit in reply. The Court examined the petition and, noting the inordinate delay, directed that the trial be concluded within one year of the order. All pending applications in the trial court were ordered to be disposed of. Consequently, the petition was allowed and the magistrate was instructed to decide the case within the stipulated period.

Issues considered

  • Whether the High Court can direct a lower criminal court to dispose of a pending case within a specific time frame to ensure a speedy trial.

Subjects

  • speedy trial
  • criminal procedure
  • writ petition
  • judicial delay
  • expedited hearing
  • magistrate

Judgment

                                                                                             53-WP-4097-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 CR. WRIT PETITION NO. 4097 OF 2026

                              Manish Nagindas Doshi                       ...Petitioner
                              Versus
                              Kavya Construction Company And Ors          ...Respondents
                              ____________________________________________________________
                              Mr.Bhomesh Bellam a/w Mr.Tejas Kothalikar, for the Petitioner.
                              Ms.Kavsar Banatwala a/w Ms.Sneha Mahawar i/b Mr.Tushar Garadia, for
           Digitally signed
NILAM   by NILAM
        SANTOSH
                              Respondent Nos.1 to 5.
SANTOSH KAMBLE
KAMBLE Date: 2026.09.17
           10:54:23 +0530
                              Ms.R.D. Humane, APP for Respondent-State.
                              ____________________________________________________________
                                                                  CORAM : SHIVKUMAR DIGE, J.
                                                                  DATE           : 16th SEPTEMBER, 2026

                              P.C. :

                              .              Heard learned counsel for the Petitioner, learned counsel for

                              Respondent Nos.1 to 5 and learned APP.

                              2.             The learned counsel for respondent Nos.1 to 5 tendered

                              affidavit-in-reply, it is taken on record.

                              3.             By this Petition, the Petitioner seeks to expedite the hearing of

                              the case bearing No.CC/2647/2016, pending before the Judicial Magistrate

                              First Class, 43rd Court, Borivali, Mumbai.

                              4.             As the matter is pending before the learned Trial Court for more

                              than 10 years, yet matter has not disposed of. Hence, I pass following order.




                                                                   Page 1 of 2
                                                           53-WP-4097-2026 (CR).doc


N.S.Kamble


                                 ORDER

             (i)      The Petition is allowed.

             (ii)     The learned Judicial Magistrate First Class, 43rd

             Court, Borivali, Mumbai. shall decide the case bearing

             No.CC/2647/2016 within one year, after receipt of this

             order.

             (iii)    All pending Applications are disposed of.



                                               (SHIVKUMAR DIGE, J.)




                                 Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.