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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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