Bombay High Court
JANVI AJAY SURVEversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court ordered the trial court to expedite the pending criminal case and decide it within one year.
Summary
The petitioner, Janvi Ajay Surve, filed a criminal writ petition alleging that she was sexually assaulted by the respondent on a promise of marriage. The offence remains pending before the trial court for eight years without the charge being framed. The petitioner sought direction for the trial to be expedited. The court noted the prolonged delay and the petitioner’s status as a victim, emphasizing the need for a speedy trial. Accordingly, the petition was allowed and the learned Sessions Judge was directed to conclude the case within one year of the order.
Issues considered
- Whether the writ petition seeking direction to expedite a pending criminal trial should be entertained
- Whether the eight‑year delay in framing charges violates the victim’s right to a speedy trial
Subjects
- sexual assault
- delay in trial
- victim's rights
- speedy trial
- criminal procedure
Judgment
66-WP-4407-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4407 OF 2026
Janvi Ajay Surve ...Petitioner/s
VAISHALI
ANIL VERSUS
TIKAM The State Of Maharashtra And Ors ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
_________________________________________________________________
2026.09.30
12:48:16 +0530 Mr. Ritesh B. Kesarwani i/by Subhash Hulyalkar & Hulyalkar & Associates,
Advocates for the Applicant.
Mr. M.G. Patil, APP for Respondent-State.
PSI Chandrasen Ghadage (Pairavi)
APP Shri M. Patil , Meghawadi Police Station.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th SEPTEMBER 2026.
P.C. :
1. Heard learned counsel for the Petitioner.
2. He submits that Petitioner is the first informant and allegations
against Respondent No.1 is that he sexually assaulted the Petitioner on the
promise of marriage. He further submits that the matter is pending for last
eight years but charge is not framed.
3. Learned APP submits that appropriate order be passed.
4. I have heard both learned counsel. As the matter is pending
before the Trial Court since last eight years and Petition is the victim of the
crime, I pass following order.
ORDER
Page 1 of 2
66-WP-4407-2026 (CR).doc
Tikam
(i) Petition is allowed.
(ii) The Learned Sessions Judge, Borivali Division, Dindoshi,
Mumbai shall expedite the Case No. 834/2019 and decide it
as early as possible, preferably within one year after receipt of
this order.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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