Bombay High Court
CHIDANANDA HANMANTRAYAPPAversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition for lodging a crime is not maintainable and is therefore dismissed.
Summary
Petitioner Chidananda Hanmantrayappa filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 18 July 2025. The High Court examined the petition in light of the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The Court held that, following the Supreme Court precedent, the petition for directing the registration of a crime was not maintainable. Consequently, the petition was disposed of. The Court further directed the petitioner that any grievance against police officers could be pursued under Section 22P of the Maharashtra Police Act, 1951 by filing a complaint with the State Police Complaints Authority.
Issues considered
- Whether a writ petition under Article 226 seeking the lodging of a criminal case is maintainable in view of the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra.
Legislation cited
- Maharashtra Police Act, 1951 — s. 22P
Subjects
- Article 226
- Writ Petition
- Maintainability
- Criminal Procedure
- Police Complaint
- Statutory Remedy
- Maharashtra Police Act
Judgment
sns 22-wp-1901-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1901 OF 2026
Chidananda Hanmantrayappa … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Abhishek Kulkarni a/w. Adv. Sagar Wakale for the Petitioner.
Smt. Madhavi H. Mhatre, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 28th August, 2026
P.C.:-
1) In view of the decision of the Hon’ble Supreme Court in the
case of Sujal Vishwas Attavar vs. State of Maharashtra reported in 2026
SCC OnLine SC 798, present Petition under Article 226 of the Constitution
of India, for lodgment of crime on the basis of complaint dated 18 th July
2025, filed by the Petitioner, is not maintainable.
2) Petition is accordingly disposed off.
3) As far as grievance of the Petitioner against the concerned
Police Officers is concerned, the Petitioner is at liberty to avail alternate
statutory remedy provided under Section 22P of the Maharashtra Police
Act, 1951 i.e. to file a complaint before the State Police Complaints
Authority, as may be permissible in law and if so advised.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally
signed by
SUMEDH
SUMEDH
NAMDEO
1/1
NAMDEO SONAWANE
SONAWANE Date:
2026.09.01
11:14:42
+0530
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