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Bombay High Court

SANDEEP S/O. PUNJARAM BARDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The Court held that where an alternative statutory remedy exists, a criminal writ petition seeking direction to register an FIR cannot be entertained.

Summary

The petitioner, Sandeep Barde, filed a criminal writ petition seeking a court direction to register FIRs against respondents 5 to 8 based on a representation he made on 18 April 2019. The petition alleged that the police had failed to act on his complaint. The Court observed that the petitioner has an alternative remedy available by directly approaching the concerned police station to lodge a complaint. Since the statutory remedy was not exhausted, the Court found no ground to intervene. Consequently, the petition was dismissed without any relief.

Issues considered

  • Whether a criminal writ petition can be entertained when the petitioner has an alternative remedy of approaching the police station for FIR registration

Subjects

  • Criminal Procedure Code
  • FIR registration
  • Writ petition
  • Alternative remedy
  • Judicial intervention

Judgment

2026:BHC-AUG:40390-DB

                                                      916 CRIMINAL WRIT PETITION NO. 116 OF 2020




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                        916 CRIMINAL WRIT PETITION NO. 116 OF 2020

                                  Sandeep S/o. Punjaram Barde
                                                Versus
                              The State Of Maharashtra And Others
                   __________________________________________________________
                   Adv. Bharat Pankaj A. for the Petitioner
                   Mr. S. J. Salgare, A.P.P. for State
                   Adv. Rahul B. Temak for Respondent No. 5
                   __________________________________________________________

                                     CORAM     : SANDIPKUMAR C. MORE AND
                                                 VAISHALI PATIL-JADHAV, JJ.
                                     DATE      : SEPTEMBER 02, 2026

                   PER COURT :

                   1)             Heard.

                   2)             Although the petition is filed seeking direction

                   to register F.I.R. against Respondent Nos. 5 to 8 pursuant

                   to the representation dated 18.04.2019 made by the

                   petitioner, the alternate remedy is available to the petitioner

                   by approaching the concerned Police Station.

                   3)             Under such circumstances, we are not inclined

                   to grant any relief in favour of the petitioner at this

                   juncture. Accordingly, the Criminal Writ Petition stands

                   dismissed.



                   (VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
                             JUDGE                            JUDGE

                   Komal Kamble                                                   Page| 1 of 1


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