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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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