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Bombay High Court

MANISH NAGINDAS DOSHIversusKAVYA CONSTRUCTION COMPANY

Decided
Disposal
Disposed Off

Holding

The petition is allowed, directing the trial court to decide the case within one year.

Summary

Manish Nagindas Doshi filed a criminal writ petition before the Bombay High Court seeking an expedited hearing of a criminal case (No. CC/2648/2016) 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, including Kavya Construction Company and others, filed an affidavit in reply. The Court noted the inordinate delay and the need for timely justice, and consequently ordered that the trial court decide the case within one year of the order. All pending applications in the matter were also disposed of, and the petition was allowed.

Issues considered

  • Whether the petitioner is entitled to an order directing the trial court to dispose of the pending criminal case within a specified time due to excessive delay.

Subjects

  • criminal procedure
  • writ petition
  • speedy trial
  • delay
  • judicial efficiency

Judgment

                                                                                             55-WP-4100-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 CR. WRIT PETITION NO. 4100 OF 2026

                              Manish Nagindas Doshi                       ...Petitioner
                              Versus
                              Kavya Construction Company                  ...Respondent
                              ____________________________________________________________
                              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
                              Mr.S.M. Mangaonkar, 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/2648/2016, 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
                                                           55-WP-4100-2026 (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/2648/2016 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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