Bombay High Court

DR. DASRAO S/O. RAOSAHEB DESHMUKHversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court declined to direct the State to register a criminal case and directed the petitioner to invoke the remedy under Section 156(3) CrPC (or Section 175(3) BNSS).

Summary

Dr. Dasrao filed a criminal writ petition seeking a direction for the State to investigate alleged illegalities in Nanded District Central Co-operative Bank Ltd., based on an audit report set aside by the Minister. The petitioner argued that the audit indicated wrongdoing and requested the court to order registration of a crime. The respondents contended that the petitioner has an alternative remedy under Section 156(3) of the Criminal Procedure Code, analogous to Section 175(3) of the BNSS. The bench held that the court could not compel the State to register a criminal case and directed the petitioner to pursue the remedy under the specified statutory provision. Consequently, the petition was disposed of, granting liberty to the petitioner to approach the appropriate forum for prosecution.

Issues considered

Whether a High Court can direct the State to register a criminal case based on an audit report.
Whether the petitioner must resort to the remedy under Section 156(3) of the Criminal Procedure Code (or Section 175(3) of BNSS) instead of seeking a writ direction.

Legislation cited

BNSS — s. 175(3)
Code of Criminal Procedure, 1973 — s. 156(3)

Subjects

criminal prosecution
writ petition
Section 156(3) CrPC
audit report
co-operative bank
alternative remedy

Judgment

2026:BHC-AUG:37459-DB

                                                                             1598.19WP

                                                  1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        922 CRIMINAL WRIT PETITION NO.1598 OF 2019

                           DR. DASRAO S/O.RAOSAHEB DESHMUKH
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                                 ...
                           Advocate for the Petitioner : Mr.M.P.Tripathi
                            APP for Respondent-State : Mr.A.S.Shinde
                                                 …

                                      CORAM :         SANDIPKUMAR C. MORE &
                                                      VAISHALI PATIL-JADHAV,JJ.

                                      DATE        :   18.08.2026


                 P.C. :


                 1]           Heard. The learned counsel for the petitioner has

                 sought direction in this Petition that the respondents should

                 make enquiry and register crime on the complaint dated

                 12.01.2017 as regards illegalities committed in respect of

                 Nanded District Central Co-operative Bank Ltd. without

                 influencing the order passed by the concerned Minister, Co-

                 operation,    Marketing    and       Textile   Department     dated

                 30.06.2015 and 04.11.2015. Admittedly, audit report which

                 has been set aside by the concerned Minister mentioned

                 above, indicates some illegalities for which the petitioner
                                                     1598.19WP

                              2

seeking criminal prosecution. However, the petitioner is

having alternate remedy for approaching the concerned

Court under Section 156 (3) of Criminal Procedure Code

equivalent to Section 175 (3) of BNSS.



2]         In view of the same, we dispose of this Writ

Petition, with liberty to the petitioner to adopt aforesaid

course of action against the persons responsible pursuant to

the audit report.




[VAISHALI PATIL-JADHAV]           [SANDIPKUMAR C.MORE]
        JUDGE                          JUDGE

DDC

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