Bombay High Court

LAXMIKANT KRISHNA BORKARversusSTATE OF GOA THR PUBLIC PROSECUTOR AND 2 ORS

Disposal: Disposed of
Bench: AMIT S JAMSANDEKAR

Holding

The Court directed the Children’s Court to endeavour to dispose of the case within a reasonable period, without imposing a strict six‑month deadline.

Summary

The petitioner, a police constable with 30 years of service, faced a criminal complaint filed on 11 January 2023 alleging offences under IPC sections 509, 354, 504 and Section 8(2) of the Goa Children’s Act. An FIR was registered on 10 July 2023 and a chargesheet filed on 12 December 2023, but the trial has progressed slowly, with only two of nine witnesses recorded, causing the petitioner’s promotion and benefits to be withheld. He sought a direction from the High Court for the Children’s Court to dispose of Special Case No. 92/2023 within six months, arguing that the pendency prejudiced his career. The Court, while noting that a strict time‑bound direction might affect other pending matters, directed the Children’s Court to endeavour to dispose of the case within a reasonable period. The petition was consequently disposed.

Issues considered

Whether the High Court can direct the Children’s Court to dispose of a criminal trial within a specified time‑frame
Whether such a direction is appropriate given the need to balance other pending cases and judicial assignments

Legislation cited

Goa Children’s Act — s. 8(2)
Indian Penal Code, 1860 — s. 354, 504, 509

Subjects

speedy trial
pendency
police service
Children's Court
special case
direction
promotion prejudice
criminal procedure

Judgment

2026:BHC-GOA:1467
                                              3 WPCR 275 2026

                Esha

                        IN THE HIGH COURT OF BOMBAY AT GOA
                           CRIMINAL WRIT PETITION NO.275 OF 2026

           LAXMIKANT KRISHNA BORKAR                                ... PETITIONER
             Versus
           STATE OF GOA THR PUBLIC PROSECUTOR
           AND 2 ORS                                               ... RESPONDENTS


           Mr. Mark Valadares, Advocate for the Petitioner.

           Mr. Nikhil Vaze, Additional Public Prosecutor for Respondent
           Nos. 1 and 2.


                                   CORAM:- AMIT S. JAMSANDEKAR, J.
                                   DATED :- 27th July, 2026

           P.C:
                 Heard the learned Counsel for the Petitioner.


           2.     The Petitioner is seeking a direction to the Children's Court for
           the State of Goa to dispose of Special Case No. 92/2023 within a
           period of six months.


           3.          The Petitioner is a Police Constable and has completed 30
           years of service with the Goa Police Department. There is a
           complaint filed on 11.01.2023 by the third Respondent against the
           Petitioner, alleging offences under Section 509, 354 and 504 of
           IPC and also, Section 8(2) of the Goa Children's Act.
           Consequently, an FIR came to be registered on 10.07.2023 and the

                                                 Page 1 of 3
                                                27th July, 2026
                                 3 WPCR 275 2026


prosecution filed a chargesheet on 12.12.2023.


4.      It is informed that so far, only evidence of two witnesses
came to be recorded by the Trial Court and in all, there are nine
witnesses. It is submitted that there is no substantial progress in the
trial. Further, it is submitted that the Petitioner is suffering due to
the pendency of the ongoing trial as his promotion in service has
been withheld and he has been denied other benefits in service,
resulting in substantial prejudice to his career and livelihood. In
this background, a prayer is sought to expedite the trial.


5.    Though the direction to the Children's Court to conclude the
trial in a time-bound manner may not be appropriate as it may
affect the disposal of the other pending trials, matters to be decided
on priority and other urgent judicial assignments before it,
however, considering the peculiar facts and circumstances of the
present case, I am inclined to give a direction to the Children's
Court for the State of Goa that it shall make an endeavour to
dispose of the Special Case No. 92/2023 within a reasonable period
of time.


6.   The Petition stands disposed of in the above terms.


7.     This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on

                                    Page 2 of 3
                                   27th July, 2026
                                                        3 WPCR 275 2026


                        production by fax or email of a digitally signed copy of this order.



                                                               AMIT S. JAMSANDEKAR, J.




Signed by: VAIGANKAR ESHA
SAINATH
                                                           Page 3 of 3
Designation: Personal Assistant
Date: 28/07/2026 15:00:25                                 27th July, 2026

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