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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