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Bombay High Court

DEEPAK RAMESH PATAREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that because an FIR had already been registered and a special case was pending, no further direction to register the offence was required and the petition was disposed.

Summary

The petitioner, Deepak Ramesh Patare, filed a criminal writ petition seeking a court direction to compel respondents 2 and 3 to register an offence against respondents 4 to 6 based on complaints dated 5 January 2022 and 20 January 2022. The Court examined the resource personnel report and found that an FIR (No. 124 of 2023) had already been lodged against respondents 4 to 6 and that a Special Case No. 4 of 2024 was pending investigation on the same facts. Since the offence had already been recorded and the investigation was underway, the Court concluded that no further order was necessary. Accordingly, the petition was disposed of without any further directions. The decision rests on the principle that a court will not duplicate investigative action already initiated by the police.

Issues considered

  • Whether the High Court should direct the registration of an offence against respondents 4‑6 when an FIR has already been lodged and investigation is pending

Subjects

  • Criminal Procedure Code
  • Writ Petition
  • FIR Registration
  • Petition Disposal

Judgment

2026:BHC-AUG:41727-DB

                                                                               921 wp 330-22 .




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                         921 CRIMINAL WRIT PETITION NO. 330 OF 2022

                               DEEPAK RAMESH PATARE
                                         VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS
                                            ...
          Mr. Chain Bhalerao h/f Mr. Kale Ajeet B., Advocate for the Petitioner
          Ms. Uma S. Bhosale, APP for Respondent-State
                                            ….
                                 CORAM         : SANDIPKUMAR C. MORE &
                                                 VAISHALI PATIL-JADHAV, JJ.

                                      Date           :   09/09/2026

          PER COURT :
          1.        Heard.


          2.        Though the petition has been filed seeking a direction to
          respondent Nos. 2 and 3 to register an offence against respondent Nos.
          4    to    6    pursuant   to   their   complaints    dated   05/01/2022     and
          20/01/2022, but the report of the Resource Personnel of this Court
          clearly indicates that an FIR bearing No. 124 of 2023 has already been
          registered against respondent Nos. 4 to 6 and others and that upon
          completion of the investigation, Special Case No. 4 of 2024 is pending
          arising out of the same.


          3.        In view of the above, nothing further survives for consideration in
          the present petition. Accordingly, the petition stands disposed of.




          [VAISHALI PATIL-JADHAV]                              [SANDIPKUMAR C. MORE]
                       JUDGE                                         JUDGE

                      VS Maind/                                            Page|1


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