Bombay High Court

PARMITA DESHMUKH DHOLEversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 31 July 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The writ petition is not maintainable and is dismissed.

Summary

The petitioner, Paramita Deshmukh Dhole, filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 16 December 2019. The High Court examined the maintainability of such a petition in light of the Supreme Court's decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The Supreme Court judgment held that a writ petition cannot be used to compel the filing of a criminal complaint where the matter is within the exclusive domain of the police and magistrate. Applying this precedent, the Court concluded that the present petition was not maintainable. Consequently, the petition was dismissed and the matter was disposed of. The decision underscores the limited scope of Article 226 in directing criminal investigations.

Issues considered

What is the maintainability of a writ petition under Article 226 seeking the lodging of a criminal case?
How does the Supreme Court decision in Sujal Vishwas Attavar v. State of Maharashtra affect the petitioner's relief?

Subjects

Article 226
writ petition
maintainability
criminal procedure
Supreme Court precedent

Judgment

             DTG                                                              84-Wp-212-2020.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 212 OF 2020

             Paramita Deshmukh Dhole                                         … Petitioner
                        V/s.
             The State of Maharashtra & Anr.                                 … Respondents
                                   _______________________________________

             Mr. Abdullah Shaikh i/b Mr. A.M. Saraogi for Petitioner.

             Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                               _______________________________________

                                            CORAM : A. S. GADKARI AND
                                                    KAMAL KHATA, JJ.
                                            DATE  : 31st July 2026

             P.C. :

             1)                In view of Judgment of the Hon’ble Supreme Court in the case of

             Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors., reported in

             2026 SCC OnLine SC 798, present Petition under Article 226 of the

             Constitution of the India for lodgment of crime, on the basis of complaint

             dated 16th December 2019, filed by the Petitioner is not maintainable.

             1.1)              Petition is accordingly disposed off.




                               ( KAMAL KHATA, J. )                     ( A.S. GADKARI, J. )

            Digitally signed
            by
DNYANESHWAR DNYANESHWAR
TULSHIRAM   TULSHIRAM
GHUMNAR     GHUMNAR
            Date: 2026.08.06
            18:32:15 +0530




                                                                                                   1/1

Continue reading with your account

Checking your session…