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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

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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