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Bombay High Court

MANISH NAGINDAS DOSHIversusKAVYA CONSTRUCTION COMPANY AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court held that, given the inordinate delay of over ten years, it may order the trial court to dispose of the case within one year.

Summary

Manish Nagindas Doshi filed a writ petition seeking an order to expedite the hearing of a criminal case (No. CC/2649/2016) pending before the Judicial Magistrate First Class, 43rd Court, Borivali, which had been pending for more than ten years. The petitioner argued that the prolonged delay violated the right to a speedy trial. The respondents submitted an affidavit in reply but did not contest the need for expeditious disposal. The High Court examined whether it could direct the lower court to dispose of the case within a specific timeframe. Finding the delay inordinate, the Court allowed the petition and ordered the trial court to decide the case within one year of the order, also disposing of all pending applications. The order aims to ensure timely justice in the criminal proceeding.

Issues considered

  • Whether the High Court can direct a lower criminal court to dispose of a pending case within a stipulated period due to inordinate delay
  • Whether a writ petition seeking expeditious hearing of a criminal trial is maintainable

Subjects

  • speedy trial
  • criminal procedure
  • writ petition
  • expeditious disposal
  • pending applications

Judgment

                                                                                             54-WP-4099-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 CR. WRIT PETITION NO. 4099 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
           10:54:24 +0530
                              Mr.S.R. Agarkar, 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/2649/2016, 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
                                                           54-WP-4099-2026 (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/2649/2016 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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