Bombay High Court

BHAUSAHEB S/O. SARJERAO KALE (PATIL)versusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that because an alternative remedy exists, it will not direct the registration of an offence under Section 156(3) CrPC.

Summary

The petitioner, Bhausaheb Sarjerao Kale (Patil), filed a criminal writ petition seeking a court direction to register an offence against the then Tahsildar, Kishor Deshmukh, for alleged misappropriation of government funds. The petitioner relied on Section 156(3) of the Code of Criminal Procedure, 1973, to compel the police to register a FIR. The State argued that a departmental enquiry had already been conducted and the Tahsildar’s increment was suspended for a year. The Court observed that an alternative statutory remedy (the departmental enquiry) was available and therefore it would not intervene to direct registration of the offence. Consequently, the petition was disposed of without granting any relief.

Issues considered

Whether the High Court can direct registration of an offence under Section 156(3) CrPC when a departmental enquiry is already pending or concluded.
Whether the existence of an alternative remedy bars the grant of relief in a criminal writ petition.

Legislation cited

Code of Criminal Procedure, 1973 — s. 156(3)

Subjects

criminal writ petition
Section 156(3) CrPC
registration of FIR
departmental enquiry
alternative remedy
misappropriation of government funds

Judgment

2026:BHC-AUG:38980-DB

914 CRIMINAL WRIT PETITION NO. 2011 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

914 CRIMINAL WRIT PETITION NO. 2011 OF 2019

Bhausaheb Sarjerao Kale (Patil)
VERSUS
The State Of Maharashtra And Others

__________________________________________________________
Adv. Ms. A. V. Sagar h/f. Adv. Prakash S. Paranjape for the
Petitioner
Mr. N. B. Patil, APP for State
Mr. S. B. Solanke for the Petitioner Kishor A. Deshmukh in
Cr.Appln./275/2020
__________________________________________________________

WITH
CRIMINAL APPLICATION NO. 275 OF 2020
IN WP/2011/2019
...

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

DATE : AUGUST 20, 2026

PER COURT :

1) None for the petitioner.

2) The petitioner seeks direction in this petition for

registration of an offence against the then Tahsildar,

Paithan, Kishor Deshmukh, for misappropriation of

Government funds.

3) The learned A.P.P., on instructions, submits

that a departmental enquiry was conducted against the

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914 CRIMINAL WRIT PETITION NO. 2011 OF 2019

said Tahsildar and that his one increment was stopped for

one year.

4) However, the petition seeks a direction for

registration of an offence against him and, for that purpose,

the Petitioner may take recourse to Section 156(3) of the

Code of Criminal Procedure, 1973.

5) As the Petitioner has an alternate remedy, we

are not inclined to grant any relief in this petition.

Accordingly, the Criminal Writ Petition, therefore, stands

disposed of along with the pending application, if any.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE

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