Hajra Ali Shaikh v. Hamza Shamsi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5789 OF 2025 Hajra Ali Shaikh

...Petitioner

Versus

Hamza Shamsi & Ors.

...Respondents

Mr. H. I. Sirguroh, Ms. Mohsina Khan and Mr. Gaurav Pathak, for the Petitioner.

Mr. S. A. Karmakar, APP, for the Respondent No.5-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

7th NOVEMBER 2025 PC:- 1.

Heard Mr. Sirguroh, learned Counsel appearing for the Petitioner and Mr. Karmakar, learned APP appearing for the Respondent-State.

2.

In the present Writ Petition relief is sought to expedite the hearing on Interim Application filed by the Petitioner in D.V. C.C. No.172 of 2023 as well as to expedite the hearing of the entire Domestic Violence proceeding in D.V. C.C. No.172 of 2023.

3.

In view of the limited nature of prayers, it is not necessary to issue notice to the Respondent No.1.

4.

It is submitted that the D.V. proceedings are filed on 29th September 2023 and simultaneously the Interim Application is filed. However, even after about more than 2 years, no order has been passed on the Interim Application.

5.

As there are number of matters pending in the Court of the learned Metropolitan Magistrate the relief that hearing of said D.V. case be expedited and the same be directed to be disposed of within time frame cannot be granted.

6.

However, as far as, the Interim Application filed in the said D.V. C.C. No.172 of 2023 is concerned, the same is pending for more than two years and one of the prayers sought is seeking maintenance.

7.

Accordingly, in the facts and circumstances, the learned Metropolitan Magistrate, Andheri, Mumbai is requested to dispose

of the Interim Application filed in said D.V. C.C. No. 172 of 2023 expeditiously on or before 31st January 2026. 8.

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.] Digitally signed by SONALI MILIND PATIL Date:

2025.11.07 18:25:45 +0530 SONALI MILIND PATIL