Bombay High Court
GORAKHNATH PIRAJI SONAWANE ALIAS SUTARversusSENIOR INSPECTOR OF POLICE AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The petition is allowed and the Judicial Magistrate, First Class Court at Kalyan is directed to decide the case within one year.
Summary
The petitioner filed a criminal writ petition before the Bombay High Court seeking expeditious disposal of Criminal Case No. 108 of 2010 pending before the Judicial Magistrate First Class, Kalyan, where no charge had been framed for sixteen years. The petitioner argued that the prolonged delay violated the right to a speedy trial and requested the court to intervene. The State opposed, seeking only an appropriate order without contesting the delay. The Court, after hearing both sides and reviewing the record, noted the extraordinary lapse of time and ordered that the petition be allowed. It directed the Judicial Magistrate to decide the case within one year of receipt of the order, and the writ petition was disposed accordingly.
Issues considered
- What relief, if any, can a High Court grant to a petitioner to expedite a criminal trial pending for an inordinate period?
- Whether the High Court can direct a Judicial Magistrate to decide a pending criminal case within a specified time frame.
Subjects
- criminal trial delay
- speedy trial
- writ petition
- judicial magistrate
- Criminal Procedure Code
- expeditious disposal
Judgment
15-WP-4818-2019 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4818 OF 2019
Gorakhnath Piraji Sonawane Alias Sutar ...Petitioner/s
VAISHALI
ANIL Versus
TIKAM Senior Inspector Of Police and anr. ...Respondent/s
Digitally signed _________________________________________________________________
by VAISHALI
ANIL TIKAM
Date: Mr. S.R. Ketkar i/by Vishal Shedge a/w. Tushar Nikam, Advocate for
2026.08.25
11:34:00 +0530 Petitioner.
Mr. S.M. Mangaonkar, APP for Respondent-State.
API Prashant Narayan More, Vishnunagar Police Station present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st AUGUST, 2026.
P.C. :
1. Leave to carry out amendment. Amendment be carried out
forthwith.
2. Heard learned counsel for the Petitioner and learned APP for
the State.
3. It is contention of learned counsel for the Petitioner that
Criminal Case No. 108/2010 pending before Learned Judicial Magistrate,
First Class Court at Kalyan since 2010, yet charge is not framed. Petitioner
is complainant in the said matter. Hence requested to expedite the trial.
4. Learned APP submitted that appropriate order be passed.
5. I have heard both learned counsel. Perused the documents
produced on record. It is very surprising that for last 16 years, matter is
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15-WP-4818-2019 (CR).doc
Tikam
pending before the JMFC at Kalyan, in spite of that there is is no progress
in the trial.
6. Considering this fact, I pass following order:
ORDER
(i) Petition is allowed.
(ii) The Learned Judicial Magistrate, First Class Court at Kalyan is
directed to decide the R.C.C. No. 108 of 2010 as early as possible,
preferably within one year after receipt of this order.
Writ Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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