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Bombay High Court

NITIN MURLIDHAR UPASANIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

An injunction restraining the investigation agency from lodging a crime report in a cognizable offence cannot be granted.

Summary

Petitioner Nitin Murlidhar Upasani filed a writ petition seeking an injunction to restrain the investigating agency from lodging a crime report (FIR) despite a prima facie cognizable offence. The petition relied on orders from a coordinate bench that had restrained the agency, but the respondents argued those orders were not correctly presented. The Court held that under established criminal jurisprudence, an injunction cannot be granted to prevent an investigation agency from lodging a crime report when a cognizable offence is apparent. It further noted that interlocutory orders of a coordinate bench are not binding on this Court. Consequently, the petition was dismissed in limine.

Issues considered

  • Can an injunction be granted to restrain an investigating agency from lodging a crime report in a cognizable offence?

Subjects

  • injunction
  • criminal procedure
  • investigating agency
  • lodgment of FIR
  • cognizable offence
  • writ petition
  • interlocutory order

Judgment

                                  Sbw                                                10-WP-2786-2026.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                  CRIMINAL APPELLATE JURISDICTION

                                                    WRIT PETITION NO.2786 OF 2026

                             Nitin Murlidhar Upasani                            … Petitioner

                                      V/s.

                             State of Maharashtra & Anr.                        … Respondents




                             Mr. Chaitanya Malgaonkar for the Petitioner.
                             Mr. Ashish I. Satpute, APP, for the Respondent-State.
                             ACP Mitke Sandip, Nashik City, present.


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

                             P.C.:-

                             1)              According to us, an injunction restraining the Investigation

                             Agency for lodgment of crime, even if a cognizable offence is prima facie

                             made out, cannot be granted under the criminal jurisprudence. It is by now

                             well settled position of law.

                             2)              Learned Advocate for the Petitioner relied on certain Orders

                             passed by the co-ordinate Bench restraining the Investigation Agency for

                             lodgment of crime. It appears to us, that the concerned APP’s appearing in

                             the matter did not point out to the co-ordinate Bench the correct legal

          Digitally signed
          by SANDHYA
SANDHYA BHAGU
                                                                                                           1/2
BHAGU   WADHWA
WADHWA Date:
        2026.09.05
          12:31:30 +0530
     Sbw                                                     10-WP-2786-2026.doc

position and it is for that reason prohibitory Orders were passed. Even

otherwise those being interlocutory Orders are not binding on this Court.

3)            In view thereof, we find that there are no merits in the Petition

seeking injunction from lodgment of crime by the Investigating Agencies.

4)            Petition is accordingly dismissed in limine.



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




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