Bombay High Court
JIVAN SABOOWALLAversusAMEET PARESH SAVANT
- Disposal
- Disposed of
- Bench
- AMIT S JAMSANDEKAR
Holding
The court directed the Judicial Magistrate First Class, Merces, to decide the pending criminal cases within three months, granting the writ of mandamus.
Summary
The petitioner, a 90‑year‑old man, filed six criminal writ petitions seeking a mandamus directing the Judicial Magistrate First Class at Merces to dispose of six pending criminal cases within three months. The petitioner argued that his advanced age warranted an expedited hearing. The respondent consented to the direction and raised no objection. The court noted that the complainant’s evidence was complete and the accused had not led any evidence, indicating no impediment to speedy disposal. Accordingly, the court issued a mandamus directing the magistrate to decide the cases within a period not exceeding three months and disposed of the petitions without costs.
Issues considered
- Whether a writ of mandamus can be issued to compel a Judicial Magistrate to decide pending criminal cases within a specified time limit
- Whether the petitioner’s advanced age constitutes a sufficient ground for directing an expeditious hearing
- Whether the magistrate’s discretion can be overridden in the interest of speedy justice
Subjects
- mandamus
- expeditious trial
- elderly petitioner
- criminal procedure
- writ petition
- judicial magistrate
- time‑bound hearing
Judgment
2026:BHC-GOA:885 Jivan Saboowalla
Vs.
Ameet Paresh Savant
__________________________________________________
10 WPCR Nos. 113 to 118 of 2026
Esha
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NOS. 113, 114, 115, 116, 117 & 118 OF 2026
JIVAN SABOOWALLA … PETITIONER
~ VERSUS ~
AMEET PARESH SAVANT … RESPONDENT
A PPEARANCES :
for the Petitioner Mr. Sudesh Usgaonkar, Senior
Advocate with Ms. Marie Rosette
Pereira and Mr. Jitendra Adkonkar
for the Respondent Mr. Kishan Kavlekar
CORAM : AMIT S. JAMSANDEKAR, J.
DATED : 23rd APRIL 2026
P.C:
1. The learned Counsel for the Petitioner undertakes to clear the office
objections, if any, during the course of the day.
2. By the present Petitions, the Petitioner seeks a direction to the learned
Judicial Magistrate First Class/Incharge Court at Merces to decide the
Page 1 of 3
April 23, 2026
Jivan Saboowalla
Vs.
Ameet Paresh Savant
__________________________________________________
10 WPCR Nos. 113 to 118 of 2026
following cases as early as possible and within a period not extending
three months:-
i. Case No. OA/289/2019
ii. Case No. OA/170/2021
iii. Case No. OA/169/2021
iv. Case No. OA/145/2022
v. Case No. OA/132/2023
vi. Case No. OA/220/2022
3. A writ of mandamus is sought in view of the ground that the Petitioner
is 90 years old and therefore, the proceedings be heard within a period
of three months by the Magistrate/Incharge Court, Merces.
4. The learned Counsel for the Respondent submitted that he has no
objection to such a direction. It is submitted that, in fact, the
Respondent has given his consent before the Trial Court for
expeditious hearing of these matters.
5. I am also informed that the Complainant’s evidence is complete and
the Accused has not led any evidence so far.
6. In view thereof, I am inclined to allow the above Petitions in terms of
prayer clause (A), which reads as follows:
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April 23, 2026
Jivan Saboowalla
Vs.
Ameet Paresh Savant
__________________________________________________
10 WPCR Nos. 113 to 118 of 2026
“Direct the Judicial Magistrate First Class
at Merces, Goa to decide the Complaint of
the Petitioner (Exb. A) within a time
bound period and in any case not exceeding
3 months.”
7. The Petitions are disposed of in the above terms.
8. No order as to costs.
9. This order will be digitally signed by the Private Secretary/Personal
Assistant of this Court. All concerned will act on production by fax or
email of a digitally signed copy of this order.
[ AMIT S. JAMSANDEKAR, J. ]
Page 3 of 3
Signed by: ESHA SAINATH April 23, 2026
VAIGANKAR
Designation: Personal Assistant
Date: 23/04/2026 17:54:34
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