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Bombay High Court

RUPESH KRISHNARAO MARNEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The High Court held that it may issue a directive to the Special Judge to dispose of the pending case within six months to safeguard the right to a speedy trial.

Summary

The petitioner, Rupesh Krishnarao Marne, filed a criminal writ petition before the Bombay High Court seeking an expedited hearing of Special MCOC Case No. 07 of 2015, which had been pending since 2015. The petition argued that the prolonged delay violated the right to a speedy trial. The Court, after hearing the respondent State of Maharashtra’s counsel, considered whether it could issue a directive to the Special Judge to dispose of the case within a fixed period. Finding no substantive objection to such a direction and emphasizing the need for timely justice, the Court allowed the writ petition. It ordered that the Special Judge dispose of the case as early as possible, preferably within six months of receipt of the order, and thereafter disposed of the petition itself.

Issues considered

  • Whether the High Court can direct a Special Judge to dispose of a pending criminal case within a specified time frame to ensure a speedy trial.

Subjects

  • criminal writ petition
  • speedy trial
  • case management
  • Special MCOC case
  • judicial direction
  • high court order

Judgment

                                                                                           18-WP-88-2020 (CR).doc


                             S.S.Kilaje


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                                  CRIMINAL WRIT PETITION NO. 88 OF 2020

                                   Rupesh Krishnarao Marne                                  … Petitioner

                                   VERSUS

                                   The State Of Maharashtra & Ors.                          … Respondents

                                   _________________________________________________________________
SONALI by
          Digitally signed
          SONALI

SATISH Date:
       SATISH KILAJE               None for Petitioner.
KILAJE 2026.08.12
       16:49:47 +0530
                                   Mr. S.R.Agarkar, APP for the Respondent-State.
                                   _________________________________________________________________

                                                                         CORAM       :   SHIVKUMAR DIGE, J.
                                                                         DATE        :   11th AUGUST, 2026.
                                   P.C. :

                                   1.         None for the petitioner.

                                   2.         Heard learned APP.

                                   3.         By this petition, the petitioner is seeking to expedite the hearing

                                   of Special MCOC Case No. 07 of 2015 within a time bound period. As the

                                   Special MCOC Case No. 07 of 2015 is pending since year 2015, I pass

                                   following order.

                                                                     ORDER

                                                  (i)    Writ Petition is allowed.

                                                  (ii)   The learned Special Judge shall dispose of Special

                                                         MCOC Case No. 07 of 2015 as early as possible

                                                         preferably within six months after receipt of this

                                                                    Page 1 of 2
                                                         18-WP-88-2020 (CR).doc


S.S.Kilaje


                        order if not disposed earlier.

      4.     Petition is disposed of.



                                                 (SHIVKUMAR DIGE, J.)




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