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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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