Bombay High Court
MAHIBUB ABDUL RASHID SHEIKHversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
A writ petition under Article 226 seeking direction to lodge a criminal case on the basis of an inquiry report is not maintainable.
Summary
The petitioner filed a writ petition under Article 226 of the Constitution seeking an order for the State to lodge a criminal case based on an inquiry report of a committee. The High Court examined whether such a petition is maintainable. Relying on the Supreme Court's decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798), the Court held that a petition of this nature is not maintainable. Consequently, the petition was dismissed. The order was signed by both judges on 17 September 2026.
Issues considered
- Whether a writ petition under Article 226 seeking direction to lodge a criminal case on the basis of an inquiry report is maintainable.
Subjects
- Article 226
- Writ Petition
- Maintainability
- Criminal Procedure
- Inquiry Report
- Supreme Court Precedent
Judgment
ssm 53-wp1994.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1994 OF 2026
Mahibub Abdul Rashid Sheikh …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________
Mr. Samir Kumbhakoni for the Petitioner.
Shri. Ajay Patil APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 8th SEPTEMBER, 2026.
P.C.:-
1) Present Petition filed under Article 226 of the Constitution of
India for lodgment of crime on the basis of Inquiry Report of the concerned
committee, is not maintainable, in view of the decision of the Hon’ble
Supreme Court in the case of Sujal Vishwas Attavar and Anr. Vs. State of
Maharashtra & Ors., reported in 2026 SCC OnLine SC 798 .
2) Petition is accordingly disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
2026.09.17
10:42:48 +0530 1/1
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