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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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