Ankita Jinendra Rita v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5521 OF 2025 Ankita Jinendra Rita

...Petitioner

Versus

State of Maharashtra

...Respondents

Mr. Sirguroh a/w Ms. Mohsina Khan and Mr. Gaurav Pathak, Advocate for Petitioner.

Ms. S.M. Yadav, APP for State.

Mr. Amit Ghag with Mr. Ashutosh Gangal, Advocate for Respondent Nos. 2 to 5.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

15th October 2025 P.C.:

1.

Heard Mr. Sirguroh, learned Counsel for the Petitioner, Mr. Amit Ghag, learned Counsel for the Respondent Nos.2 to 5 and Ms. Yadav, learned APP for the State.

2.

At the outset, learned Counsel for the Petitioner seeks leave to amend prayer clause (a) by correcting typographical mistake. Leave as aforesaid is granted. Amendment be carried out forthwith. Reverification is dispensed with.

3.

In the Writ Petition, the Petitioner has sought following reliefs :

"a) Issue a writ of mandamus and/or appropriate direction to the Ld. JMFC, Andheri, to expedite the hearing and final disposal of the DV Application filed by the Petitioner in DV CC No. 237 of 2024 within a fixed time frame as this Hon'ble court may deem fit.; b) That this Hon'ble Court may be pleased to direct the Trial Court to ensure that no unnecessary adjournments are granted at the instance of the Respondents, and that the matter, as fixed for hearing, be heard and decided on its merits on the same day without any further adjournment."

4.

As per the direction of the Supreme Court unless exceptional circumstances are made out, normally the directions be not issued to the Trial Courts to expedite the hearing and final disposal of the matters as very old matters are pending.

5.

In this case, it is the contention of the Petitioner that she is suffering from critical and life-threatening medical ailments, namely Lupus, Thyroid disorder and Arthritis, and is undergoing chemotherapy and continuous medical treatment. Therefore there are exceptional circumstances.

6.

In these circumstances, learned Counsel for the Respondent Nos. 2 to 5 states that instead of expediting the DV case, the Interim Application filed in said DV case be expedited.

7.

Thus, in the facts and circumstances, learned JMFC, Andheri, Mumbai is requested to dispose of the Interim Application filed in DV No. 237 of 2024 expeditiously and in any event on or before 20th December 2025.

8.

Accordingly, the Writ Petition is disposed of in above terms, with no order as to costs.

9.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. (MADHAV J. JAMDAR, J.)