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
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