Bombay High Court

AHMEDNAGAR SHAHAR SAHAKARI BANK MARYADIT, AHMEDNAGAR THROUGH ITS CEO SANTOSH SHARAD ANASPUREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the FIR under Sections 406 and 420 IPC has already been registered and no further relief remains.

Summary

Ahmednagar Shahar Sahakari Bank Maryadit filed a criminal writ petition seeking a direction to the State and other respondents to lodge an FIR based on its complaint dated 26 March 2019. The High Court had earlier observed that an FIR under Sections 406 and 420 of the Indian Penal Code had already been registered at Kotwali Police Station, Ahmednagar, following the bank's complaint and a report by Dr. Vinod Annasaheb Shrikhande. The petitioner later argued that the complaint was not properly considered and that Dr. Shrikhande, a debtor of the bank, also faced charges. The Court noted that the only relief sought was the registration of the FIR, which had already been effected, and therefore found no remaining issue. Consequently, the petition was disposed of.

Issues considered

Whether the Court should direct the police to register an FIR when an FIR under the relevant sections has already been lodged.
Whether the petitioner’s grievance regarding the consideration of its complaint warrants any further judicial intervention.

Legislation cited

Indian Penal Code, 1860 — s. 406, 420

Subjects

criminal procedure
FIR
writ petition
Section 406 IPC
Section 420 IPC
bank fraud
petition disposed

Judgment

2026:BHC-AUG:39534-DB

1 916 CRIMINAL WRIT PETITION NO. 1871 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

916 CRIMINAL WRIT PETITION NO. 1871 OF 2019

AHMEDNAGAR SHAHAR SAHAKARI BANK MARYADIT,
AHMEDNAGAR THROUGH ITS CEO SANTOSH SHARAD
ANASPURE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. Z. H. Farooqui h/f Adv. N. V Gaware, Advocate for the
Petitioner
Adv. S. J. Salgare, APP for Respondents-State
…..

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

DATED : 27/08/2026
Per Court:

. Heard.

2. The petitioner bank is seeking direction to respondent Nos. 2

and 3 for lodging an FIR/ criminal prosecution against the

concerned culprits as per its report dated 26.03.2019. It is to be

noted that we have already passed a substantial order dated

19.08.2026, mentioning that as per the complaint dated

26.03.2019 of the petitioner bank and also pursuant to the report

lodged by one Dr. Vinod Annasaheb Shrikhande, Crime No. 421 of

2018 under Section 406 and 420 of the Indian Penal Code was

registered at Kotwali Police Station, Ahmednagar. It was specifically
2 916 CRIMINAL WRIT PETITION NO. 1871 OF 2019

observed by the Court under the aforesaid order, that nothing

remained in this petition, but since the learned counsel for the

petitioner was unavailable at the relavent time, the matter was

adjourned.

3. Today, the learned counsel for the petitioner submits that the

complaint dated 26.03.2019 was not considered in the proper

manner and in fact, the said Dr. Shrikhande was debtor of the

petitioner bank and an offence has been registered against him

also. Be that as it may, the direction sought in this petition is only

to register the crime pursuant to complaint dated 26.03.2019 and

it appears to be complied with.

4. Under such circumstances, nothing survives in this petition

and it stands disposed of.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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