Bombay High Court
KANTABAI SOMNATH PAWARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the complaint was baseless and the petitioner failed to pursue the matter for an extended period.
Summary
Petitioner Kantabai Somnath Pawar filed a criminal writ petition seeking a direction to register an FIR against alleged offenders under the IPC, SC/ST (Prevention of Atrocities) Act and the POCSO Act. The Court examined the enquiry report of the Assistant Police Inspector, which concluded that the complaint was baseless and no substantive evidence was found. The petitioner's counsel was absent and the petitioner had not pursued the matter since April 1, 2021. The Court held that, in view of the baseless nature of the complaint and the lapse of time, there was nothing left to entertain. Consequently, the criminal writ petition was disposed of.
Issues considered
- What is the appropriate judicial response when a complaint is found baseless and no FIR has been registered?
- Can a court direct registration of an FIR after a significant lapse of time since the complaint was filed?
Legislation cited
Subjects
- FIR registration
- baseless complaint
- criminal writ petition
- lapse of time
- court disposal
Judgment
2026:BHC-AUG:39762-DB
917 CRIMINAL WRIT PETITION NO. 1455 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 CRIMINAL WRIT PETITION NO. 1455 OF 2020
Kantabai Somnath Pawar
Versus
The State Of Maharashtra And Others
__________________________________________________________
Adv. Sagar J. More for the Petitioner - Absent
Mr. A. S. Shinde, Addl.PP for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 28, 2026
PER COURT :
1) None appears for the petitioner.
2) The petitioner seeks direction for registration of
F.I.R. against the accused persons for the offences
punishable under the provisions of the Indian Penal Code,
1860 the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and the Protection of
Children from Sexual Offences Act, 2012. However, the
report of the Resource Personnel of this Court dated
27.08.2026 indicates that the complaint was enquired into
by the concerned Assistant Police Inspector, Police Station
Virgaon, Tq. Vaijapur, Dist. Aurangabad, and no substance
was found therein.
Komal Kamble Page 1 of 2
917 CRIMINAL WRIT PETITION NO. 1455 OF 2020
3) The enquiry report, along with the necessary
documents and the statements recorded, is placed on
record. Under such circumstances, the complaint filed by
the petitioner was found to be baseless.
4) It is also noticed that the petitioner has not
circulated the matter since 01.04.2021. In view of the
same, nothing survives in the present petition. Criminal
Writ Petition, therefore, stands disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page 2 of 2
Checking your session…