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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