WP/943/2026 of NAZMAN NAIM SHEIKH, Vs STATE OF MAHARASHTRA, AND ANR. on 5 November 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 943 OF 2026 Smt. Nazman Naim Sheikh Vs. The State of Maharashtra & Anr. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Ms. D.N. Jethani, Advocate for the Petitioner. Mr. V.A. Thakare, APP for the Respondents/State. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R

AJ D.

WAKODE

, JJ.

DATE : 05.11.2026 Heard the learned counsel for the petitioner.

2. The petitioner is the victim. The petitioner has approached this Court seeking the following reliefs: “A. Exercise its extraordinary constitutional and supervisory jurisdiction under Articles 226 and 227 read with Article 21 of the Constitution of India and issue appropriate writs, orders or directions for protection of the petitioner’s right to fair and effective administration of criminal justice. B. Transfer/assign Sessions Trial No. SPECIAL CRIMINAL TRIAL (MOCOCA NO 24/2024 / 2023 arising out of FIR No. 291/2023 dated 25.09.2023 U/s. 302, 201, 143, 147, 148, 149, 120, 212, 216 r/w 2/25, 4/25, 27 Arms Act 135 MPA r/w 3(1) 3, 2 of Act, Police Station Gobarwahi, District Bhandara, to the Court of DJ-3, Smt. Sibra Malik, or alternatively to the Court of the Principal District & Sessions Judge, Bhandara, Smt. Anand Madam, subject to administrative feasibility and appropriate orders of this Hon’ble Court. C. Direct that the said trial be conducted on a day-to-day basis, as far as practicable, and that unnecessary adjournments 2026:BHC-NAG:15181-DB

be strictly avoided in accordance with the applicable provisions of criminal procedure. D. Direct the concerned trial Court to endeavour to complete the remaining prosecution evidence and conclude the trial within a period of six months, or within such reasonable time as this Hon’ble Court may deem fit. E. Direct the prosecution to take appropriate steps in respect of the hostile witness, including confrontation with previous statements and, where legally necessary, moving an application for recall and further examination before the competent Court. H. Direct that the present proceedings be given appropriate priority in view of the seriousness of the offence, the number of accused persons, the substantial evidence already recorded and the continued prejudice caused by delay.”

3. However, upon perusal of the petition, it is revealed that the petitioner has already prepared an application seeking similar reliefs, which was duly sworn on 1st October, 2026. The said application is placed on record at page No. 86 (Annexure- B). Learned counsel for the petitioner submits that, though the said application was prepared and sworn, it has not yet been filed before the learned Principal District and Sessions Judge, Bhandara.

4. In view of the above, we dispose of the present writ petition with the following directions:

(i) The petitioner shall file the aforesaid application, as referred to hereinabove, placed at record page No. 86 (Annexure-B), before the learned Principal District and Sessions Judge, Bhandara.

(ii) The Registry of the Principal District and Sessions Judge, Bhandara, is directed to accept the said application and place it before the learned Principal District and Sessions Judge, Bhandara.

(iii) The learned Principal District and Sessions Judge, Bhandara, is directed to consider the grievance raised by the petitioner in the said application and decide the same on its own merits and in accordance with law within a period of one week from the date on which the application is filed and placed before the learned Principal District and Sessions Judge, Bhandara.

5. The writ petition is accordingly disposed of.

(RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 06/11/2026 12:18:35