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Bombay High Court

SATISH S/O ASHOK WAGHELAversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that the appellant failed to demonstrate a prior police complaint, so the Special Court's rejection of the Section 156(3) application was upheld.

Summary

Satish Waghela appealed against a Special Court order that rejected his application under Section 156(3) of the Code of Criminal Procedure. The Special Court had held that the appellant had not first lodged a complaint with the police concerning the alleged offences. The High Court examined whether this finding was perverse or erroneous. Finding no error, the Court dismissed the appeal, directing the appellant to approach the police station and file a complaint if he wishes. The appeal was therefore disposed of with dismissal.

Issues considered

  • Whether the appellant had made a prior complaint to the police before filing an application under Section 156(3) of the CrPC.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 156(3)
  • Police Complaint
  • Appeal Dismissal
  • Special Court

Judgment

                                                           1                 21-APEAL 110-26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.110 OF 2026

                       Satish s/o Ashok Waghela                         … Appellant
                             Vs.
                       State of Maharashtra                             … Respondent
                                                          -----
                       Ms. Lucy Massey, appointed Advocate for the Appellant.
                       Mr. P. H. Gaikwad, APP for the Respondent-State.
                                                          -----

                                                        CORAM :         N.R. BORKAR, J.
                                                        DATE    :       02ND SEPTEMBER 2026
          Digitally
                       P.C. :
          signed by
          MUGDHA
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.09.03
                       1.       This Appeal takes exception to the order dated 12 th October 2022
          11:07:15
          +0530
                       passed by the Special Court/Sessions Court in Criminal Miscellaneous
                       Application No.417 of 2022.


                       2.       By the impugned order, the Learned Special Court has rejected the
                       application filed by the present Appellant under Section 156(3) of the
                       Code of Criminal Procedure.


                       3.       I have perused the impugned order. It appears that the Special Court
                       has rejected the application on the ground that there is nothing to show
                       that the Appellant before filing the application under Section 156(3) of
                       the Criminal Procedure Code, had made the complaint to the concerned
                       police station in respect of alleged offences.




                            Mugdha                                                                 1 of 2
                                    2               21-APEAL 110-26.doc




4.       The above finding is not shown to be perverse. I am therefore not
inclined to entertain the present appeal. The appeal is dismissed. However,
it would be open to the Appellant to approach the concerned police
station and lodge the complaint in respect of alleged offences.


5.       The Criminal Appeal is disposed of in the aforesaid terms.


                                              (N.R. BORKAR, J.)




     Mugdha                                                               2 of 2


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