Rameshchandra Dixit vs State of Maharashtra Thr Police Station Officer — Bombay HC (2026) — LawSathi Research

Rameshchandra Dixit vs State of Maharashtra Thr Police Station Officer — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Learned District Judge-1 and Additional Sessions Judge, Gondia directed to make every endeavour to dispose of Sessions Trial No.59/2017 on or before 31.12.2026; accused and prosecutrix directed to cooperate with the court below; no prayer for extension of time to be considered on any ground. Petition allowed and disposed of accordingly.

Issue for consideration

Whether a direction should be issued to the learned District Judge-1 and Additional Sessions Judge, Gondia to expedite and conclude Sessions Trial No.59/2017 in a time-bound manner.

Court's answer

In view of the Apex Court decision in Hussain and anr vs. Union of India (AIR 2017 SC 1362) and the accused's right to speedy trial under Article 21 of the Constitution, every endeavour should be made to dispose of the trial at the earliest.

Ratio / Principle

Since the trial is pending since 2017, i.e. approximately ten years, the learned District Judge-1 and Additional Sessions Judge, Gondia shall make every endeavour to dispose of the trial on or before December 2026.

Key takeaways

The accused as well as the prosecutrix shall cooperate with the court below to dispose of the trial on or before 31.12.2026, and any prayer for extension of time would not be considered on any ground.ratio¶46

Detailed headnote1 paragraphs

Speedy trial — Criminal Writ Petition filed by father of victim seeking direction to expedite Sessions Trial No.59/2017 pending before learned District Judge-1 and Additional Sessions Judge, Gondia — trial pending since 2017 (approximately ten years), only 20-25 witnesses examined despite earlier direction in Criminal Application No.281/2020 to conclude trial by 15.6.2021 — relying on Hussain and anr vs. Union of India, (AIR 2017 SC 1362) and the right of the accused to speedy trial under Article 21 of the Constitution, Division Bench directed the trial court to make every endeavour to dispose of Sessions Trial No.59/2017 on or before 31.12.2026 — accused and prosecutrix directed to cooperate with the court below — held that any prayer for extension of time would not be considered on any ground. Petition allowed and disposed of (Coram: Urmila Joshi-Phalke & Nivedita P. Mehta, JJ.; decision dated 18/04/2026; neutral citation 2026:BHC-NAG:6088-DB).

2026:BHC-NAG:6088-DB

Judgment

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16 wp292.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

CRIMINAL WRIT PETITION NO.292 OF 2026

Ramesh Chandra Dixit, aged: 59, occupation: business, r/o Bilaspur, Chattisgarh. ….. Petitioner.

:: V E R S U S ::

State of Maharashtra, through Police Station, Gondia, district Gondia.

Ashish s/o Radheshyam Agrawal, a/a 44 years, occupation- business, r/o Harikashi Nagar, Gondia.

Dhiraj s/o Radheshyam Agrawal, a/a 41 years, occupation- business, r/o Vidhansabha Road, Moya, Raipur, Chattisgarh.

Lokeshpuri Ghanshyampur Vaikunthi, a/a major, occupationManager, Hotel Bindal Plaza r/o Ghivari, Gondia. ….. Respondents .

================================ Shri A.P.Vyas, Counsel for the Petitioner. Shri S.S.Hulke, Addl.P.P. for R-1/State.

================================

CORAM : URMILA JOSHI-PHALKE & NIVEDITA P.MEHTA, JJ. DATE : : 18/04/2026

ORAL JUDGMENT

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Judgment

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Heard. Rule . Rule is made returnable forthwith.

By this petition, the petitioner, who is father of victim, has sought direction to learned District Judge-1 and Additional Sessions Judge, Gondia to expedite Sessions Trial No.59/2017 to be concluded in time bound manner.

It is contended that initially also, the petitioner has preferred Criminal Application No.281/2020 wherein direction was given to conclude the trial by 15.6.2021, but only 20-25 witnesses are examined. Still, the prosecution wants to examine some witnesses and, therefore, trial could not be concluded. It is submitted that the sessions trial is pending before learned District Judge-1 and Additional Sessions Judge, Gondia and, therefore, direction be given to expedite the trial and dispose it of the sessions trial, at the the earliest.

Learned counsel for the petitioner has made a statement

that the trial is pending before learned District Judge-1 and Additional Sessions Judge, Gondia and prayed that it be directed to be concluded on or before 31.12.2026.

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Judgment

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Heard both sides and perused earlier order.

Though the accused is made party, considering grounds mentioned in the petition, no notice is required for the accused.

In view of the decision of the Hon’ble Apex Court in the case of Hussain and anr vs. Union of India, reported in (AIR 2017 SC 1362) and considering rights of the accused of speedy trial enshrined under Article 21 of the Constitution, every endeavour should be made to dispose of the trial at the earliest.

The trial is pending since 2017 i.e. approximately for ten years and, therefore, learned District Judge-1 and Additional Sessions Judge, Gondia shall make every endeavour to dispose of the trial on or before December 2026.

In view of that and in view of the statement made by learned counsel for the petitioner, we proceed to pass following order:

ORDER

(1) The criminal writ petition is allowed .

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16 wp292.26.odt

Judgment

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(2) Learned District Judge-1 and Additional Sessions Judge,

Gondia is directed to make every endeavour to dispose of

Sessions Trial No.59/2017 on or before 31.12.2026.

(3) The accused as well as the prosecutrix shall cooperate with

the court below to dispose of the trial on or before 31.12.2026.

(4) Any prayer for extension of time would not be considered on any ground.

With these the writ petition is disposed of .

JUDGE JUDGE

!! BrWankhede !!

Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 20/04/2026 18:58:16

.....4/-