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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