Bharat Jaswantlal Shah v. State Of Maharashtra And ORS
2025:BHC-AS:30771 Gaikwad RD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
(06) WRIT PETITION NO.3944 OF 2025 WITH
(08) WRIT PETITION NO.3946 OF 2025 WITH
(13) WRIT PETITION NO.3951 OF 2025 Kalpana Bharat Shah
...Petitioner
Versus
The State of Maharashtra & Anr.
...Respondent
WITH
(07) WRIT PETITION NO.3945 OF 2025 WITH
(10) WRIT PETITION NO.3948 OF 2025 WITH
(11) WRIT PETITION NO.3949 OF 2025 WITH
(12) WRIT PETITION NO.3950 OF 2025 Bharat Jaswantlal Shah
...Petitioner
Versus
The State of Maharashtra & Anr.
...Respondent
Mr. Kapil Dave, for the Petitioners in all the petitions. Mr. A. D. Kamkhedkar, APP, for the Respondents-State in WP/3943/2025 & WP/3944/2025.
Ms. P. P. Bhosale, APP, for the Respondents-State in
WP/3945/2025 & WP/3950/2025.
Mr. D. J. Haldankar, APP, for the Respondents-State in WP/3946/2025 & WP/3951/2025.
Mr. S. S. Ghag, APP, for the Respondents-State in WP/3948/2025.
CORAM
Dr. Neela Gokhale, J.
DATED:
PC:- 1.
Heard Mr. Kapil Dave, learned counsel appearing for the Petitioners.
2.
A limited prayer in all these petitions is a direction to the learned Metropolitan Magistrate, Court No.14 at Girgaon to expedite the hearing of the complaints pending before the said Magistrate. The said complaints are as under: WP/3944/2025-C.C.No.6412/SS/2021-St.No.14790 of 2025. WP/3945/2025-C.C.No.6411/SS/2021-St.No.14792 of 2025. WP/3946/2025-C.C.No.6413/SS/2021-St.No.14793 of 2025. WP/3948/2025-C.C.No.6410/SS/2021-St.No.14800 of 2025. WP/3949/2025-C.C.No.6407/SS/2021-St.No.14796 of 2025. WP/3950/2025-C.C.No.6408/SS/2021-St.No.14794 of 2025. WP/3951/2025-C.C.No.6414/SS/2021-St.No.14799 of 2025.
3.
He has drawn my attention to the roznama of all the complaints at page 17 to the present Petition. The roznama indicates that the complaints were filed in the month of June 2021 against the same accused. The roznama further indicates that on 2nd September 2021 the verification was done and ultimately, on 21st December 2021, summons were issued to all the accused in the respective complaints. There was an application under Section 143-A of the Negotiable Instruments Act, 1881 made by the complainant on 14th February 2022. However, the said application was decided after the period of two years, i.e., only on 15th October 2024. 4.
Mr. Kapil Dave therefore, submits that there has been unprecedented delay in the proceedings of all the complaints filed by him.
5.
I have perused the roznama. The contention of Mr. Dave prima facie substantiated and corroborated by the roznama. Admittedly, the Petitioners are senior citizens aged about 72 years.
6.
Considering the aforesaid, I deem it appropriate to request the Magistrate concerned to conduct the hearing and decide the complaints expeditiously, preferably within a period of six months from the date, this order is presented to the said Magistrate.
7.
Accordingly, the petitions are disposed of with the aforesaid directions.
(Dr. Neela Gokhale, J) Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 23/07/2025 19:06:40