Bombay High Court

ULKA W/O. PRADEEP JAINversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the representation gave rise only to a civil action, not a criminal offence.

Summary

The petitioner filed a criminal writ petition seeking a direction to register an offence against the respondents based on a representation dated 20 September 2019. The respondent State submitted a communication dated 17 December 2019 stating that the representation had been examined and was found to give rise only to a civil cause of action, not a criminal offence. This communication and related documents were placed on record, and the petitioner was informed of the outcome. The Court observed that, in view of the respondent’s finding, no criminal matter remained for the Court to entertain. Consequently, the petition was held to be dead and was disposed of, highlighting the distinction between civil and criminal remedies in writ proceedings.

Issues considered

Whether the representation made by the petitioner constitutes a criminal offence that warrants registration of an FIR
Whether the High Court can direct registration of an offence in the circumstances presented

Subjects

criminal procedure
registration of FIR
civil vs criminal jurisdiction
writ petition
petition dismissed

Judgment

2026:BHC-AUG:37410-DB

913 wp 1751-19 .

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

913 CRIMINAL WRIT PETITION NO. 1751 OF 2019

ULKA W/O. PRADEEP JAIN
VERSUS
THE STATE OF MAHARASHTRA AND ANR
…
Mr. S. J. Salgare, APP for Respondent-State
….
CORAM SANDIPKUMAR C. MORE
: AND
VAISHALI PATIL-JADHAV,
JJ.
Dated : August 19, 2026
PER COURT :-

1. None for the petitioner.

2. The direction sought is for registration of an offence by the
respondents pursuant to the representation of the petitioner dated
20/09/2019. However, today, the learned APP placed on record a
communication dated 17/12/2019, mentioning that the representation
of the petitioner was inquired into and ultimately, it was found that the
grievance gave rise to a civil action and therefore, the said
representation was filed. It further appears that the result of the
inquiry was also communicated to the petitioner vide letter dated
17/12/2019. The communication, along with the other documents, is
taken on record. As such, nothing survives in this petition and it
stands disposed of.

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

VS Maind/ Page|1

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