Sarina Esmeralda Lopez v. State Of Maharashtra And ORS

919-WP.5208.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5208 OF 2025 Sarina Esmeralda Lopez } Petitioner

Versus

The State of Maharashtra & Ors.

} Respondents Digitally signed by JAYANT VISHWANATH SALUNKE Date:

2026.01.12 11:18:42 +0530 JAYANT VISHWANATH SALUNKE Ms. Sarina Esmeralda Lopez, Petitioner in-person. Mr. Vinod Chate, APP for State.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

9th JANUARY 2026 P.C.:

The petitioner seeks the following reliefs :- "a.

This Hon'ble Court may be pleased to call for and examine the proceedings pending before the 12th Metropolitan Magistrte's Court Bandra (E) and after satisfying itself as to the legality and validity be pleased to issue under Article 226 of the Constitution r/w section 482 of the CrPC 1973 an appropriate order/direction or writ including a writ in the nature of Mandamus directing the Hon'ble 12th Metropolitan Magistrate's Court to dispose the PW 757 of 2016 and the PS 1026 of 2016 within 3 months of the orders of this Hon'ble Court and report compliance of such orders.

b.

That pending the disposal of the instant Petition the Respondent No. 2 may be restrained from coming in close proximity of this Petitioner victim."

2.

This writ petition was listed on 7th January 2026 and was adjourned for today to enable the learned Additional Government Pleader to collect information as to the total number of witnesses the prosecution seeks to examine.

3.

Mr. Vinod Chate, the learned Additional Government Pleader apprises this Court that there are six prosecution witnesses who shall be examined in Case No. 1026/PS/2016 and nine witnesses whom the prosecution intends to examine in Case No.757/PW/2016.

919-WP.5208.2025.doc 4.

Ms. Sarina Esmeralda Lopez, the petitioner appearing inperson states that these cases are pending since 2016 without much progress in the trial.

5.

We observe that there has been series of litigations in which the petitioner herself is involved. The respondent no. 2 is 69 years of age and he is residing at 502 Wahedna Apts, 75 Hill Road, Bandra (W), Mumbai 400 050.

6.

We, therefore, direct the Officer In-Charge of Bandra (W) Police station to serve a copy of this order upon the respondent no.2 intimating him the date of hearing of this writ petition on 28th January 2026.

7.

Post the matter on 28th January 2026 "High on Board". [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]