Ashok Bhabubhai Trivedi vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Ashok Bhabubhai Trivedi vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Request for expedition allowed: the Additional Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai requested to make an endeavour to dispose of Summary Case No.35 of 2022 expeditiously, subject to any other prior expedited or old matters; the Criminal Application disposed of accordingly.

Issue for consideration

Whether the application under Section 528 BNSS, 2023 made by a 74-year-old senior citizen for expediting the trial in Summary Case No.35 of 2022 should be allowed and the trial directed to be conducted expeditiously.

Court's answer

Since the applicant is 74 years of age as on date, his request for expedition of the trial merits consideration.

Ratio / Principle

The Additional Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai is requested to endeavour to dispose of Summary Case No.35 of 2022 expeditiously, subject to any other prior expedited or old matters.

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.), order dated 09 February 2026: Ashok Babubhai Trivedi, a 74-year-old applicant (Aadhar Card showing date of birth 23 January 1953, taken on record and marked 'X' for identification), moved the Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for expediting the trial of his complaint, Summary Case No.35 of 2022, pending before the Additional Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai. Counsel relied on Registrar General Circular No.Rule/P-1615/91, which gives preference to cases in which a party is of advanced age having crossed 65 years. Considering the applicant's age of 74 years, the Court allowed the request and called upon the Additional Metropolitan Magistrate to make an endeavour to dispose of the proceedings expeditiously, subject to any other prior expedited or old matters. The Criminal Application was disposed of in those terms. Note: the caption reads 'CRIMINAL APPLICATION NO.204 OF 2026', while the operative disposal paragraph refers to 'Criminal Application No.2024 of 2026'.

Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2026.02.10 19:41:58 +0530

(3) APL-204.26.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.204 OF 2026

Ashok Babubhai Trivedi

: Applicant

Versus

State of Maharashtra : Respondent.

Mr. Shubham Kadam a/w Mr. Kiran Jadhav, Ms. Akansha Dave and Mr. Alfiya Shaikh for the Applicant.

Mr. Prasanna P Malshe, APP for the Respondent-State.

CORAM : ASHWIN D. BHOBE, J. DATE : 09 FEBRUARY 2026

P.C.

1 This application under Section 528 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 is preferred by the Applicant who is 74 years of age, requesting for expediting the trial in the complaint bearing Summary Case No.35 of 2022.

2 Mr. Prasanna Malshe, learned APP for the Respondent/State

submits that the Applicant being the senior citizen, the request made by the Applicant can be considered.

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(3) APL-204.26.docx

Mr. Shubham Kadam, learned Advocate for the Applicant

refers to the Circular bearing No.Rule/P-1615/91 issued by the Registrar General of this Court giving preferences to the cases wherein one of the

parties is of advanced age who has crossed 65 years of age. He has tendered a copy of the Aadhar Card of the Applicant, whose date of birth is referred to as 23 January 1953. The same is taken on record and marked as “X” for identificaiton.

4 Considering the Applicant, who is 74 years of age, as on date, the request made by the Applicant can be considered. In view of the above, the Additional Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai is requested to make an endeavour to dispose of the proceedings bearing Summary Case No.35 of 2022 expeditiously subject to any other prior expedited or old matters.

5 Criminal Application No.2024 of 2026 is disposed of in the

above-said terms.

[ASHWIN D. BHOBE , J]

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