Bombay High Court
HEMAL KISHOR BARCHHAversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the petition for expediting the pending criminal case is maintainable and partially allowed, directing the lower court to dispose of the case within a stipulated period.
Summary
The petitioner, Hemal Kishor Barchha, filed a criminal writ petition seeking an expedited trial of Criminal Case No.1907/PW/2017 pending before the 26th Judicial Magistrate First Class, Borivali since 2017. The petition argued that the prolonged delay violated the right to a speedy trial. The High Court considered whether it could direct the lower magistrate to dispose of the case within a specific timeframe. Relying on principles of judicial efficiency and the constitutional guarantee of a speedy trial, the Court partially allowed the petition. It ordered the magistrate to decide the pending case preferably within one year and to dispose of the discharge application within two months, while also disposing of all other pending applications.
Issues considered
- Whether a High Court can issue directions to a lower magistrate to expedite a pending criminal case under the right to a speedy trial
- Whether the petition for expeditious disposal of Criminal Case No.1907/PW/2017 is maintainable
Subjects
- expedited trial
- criminal procedure
- writ petition
- right to speedy trial
- judicial efficiency
Judgment
58-WP-634-2026 (CR).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 634 OF 2026
Hemal Kishor Barchha ...Petitioner
VERSUS
State Of Maharashtra And Anr ...Respondents
____________________________________________________________
Mr.Durgesh Rege, for the Petitioner.
NILAM
Digitally signed
by NILAM
SANTOSH
Mr.S.M. Mangaonkar, APP for Respondent No.1-State.
SANTOSH
KAMBLE
KAMBLE
Date: 2026.08.25
12:12:40 +0530
Mr.Dhananjay Bhosale, for Respondent No.2.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th AUGUST 2026
P.C. :
. By this Petition, the Petitioner is seeking expedite the CC
No.1907/PW/2017 pending before the 26th Judicial Magistrate First Class,
Borivali, Mumbai (‘JMFC’ for short), since 2017.
2. Considering the submission of the learned counsel for the
Petitioner, learned APP and learned counsel for Respondent No.2, I pass
following order.
ORDER
(i) The Petition is partly allowed.
(ii) The JMFC, Borvali shall decide the pending CC
No.1907/PW/2017 as early as possible preferably within one
year, after receipt of this order.
Page 1 of 2
58-WP-634-2026 (CR).doc
N.S.Kamble
(iii) The learned Judge shall decide Discharge
Application, as early as possible, preferably within two
months, after receipt of this order.
(iv) All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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