Bombay High Court

PRASANNA ISHWARLAL KOTHARIversusTHE STATE OF MAHARASHTRA

Decided: 29 August 2026
Disposal: Disposed Off

Holding

The petition for lodging a crime under Article 226 is not maintainable.

Summary

The petitioner filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 16 February 2021. The High Court examined the applicability of a recent Supreme Court decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798). It held that, in light of that precedent, the petition for lodging a crime was not maintainable. Consequently, the petition was dismissed. The order was pronounced by Justices A.S. Gadkari and Kamal Khata on 29 August 2026.

Issues considered

Whether a writ petition under Article 226 seeking the lodging of a criminal case is maintainable in view of the Supreme Court's decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra.

Subjects

Article 226
maintainability
writ petition
criminal procedure
Supreme Court precedent

Judgment

                 ssm                                                     69-wp1060.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 1060 OF 2021

            Prasanna Ishwarlal Kothari                                   …..Petitioner

                     Vs.

            The State Of Maharashtra                                     …..Respondent

                                ____________________________________

            Mr. Siddharth Singh i/by Adv. A. M. Saraogi for the Petitioner.
            Shri. J.P. Yagnik APP, for the Respondent-State.
                               ____________________________________

                                              CORAM :      A. S. GADKARI AND
                                                           KAMAL KHATA, JJ.
                                                 DATE :    29th AUGUST, 2026.

            P.C.:-

            1)             In view of the decision of the Hon’ble Supreme Court in the

            case of Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra & Ors.,

            reported in 2026 SCC OnLine SC 798, present Petition under Article 226 of

            the Constitution of India for lodgment of crime on the basis of Complaint

            dated 16th February, 2021 filed by the Petitioner, is not maintainable.

            2)             Petition is accordingly disposed off.



                       (KAMAL KHATA, J.)                           (A.S. GADKARI, J.)




          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                           1/1
MASHALKAR Date:
          2026.09.07
          17:01:05 +0530

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