Bombay High Court

KHANDU BHAGWAT BORGUDEversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The writ petition is not maintainable and is dismissed.

Summary

The petitioner, Khandu Bhagwat Borgude, filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 14 June 2026. The High Court examined whether such a petition is maintainable in the criminal appellate jurisdiction. Relying on the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798), the Court held that the petition was not maintainable. Consequently, the petition was dismissed. The order was pronounced by Justices A.S. Gadkari and Kamal Khata on 8 September 2026.

Issues considered

What is the maintainability of a writ petition under Article 226 for the lodging of a criminal case?

Subjects

Article 226
writ petition
maintainability
criminal jurisdiction
Supreme Court precedent

Judgment

              ssm                                                         24-wp3448.2026.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 3448 OF 2026

         Khandu Bhagwat Borgude                                           …..Petitioner

                  Vs.

         The State Of Maharashtra & Anr.                                  …..Respondents

                                 ____________________________________

         Mr. Siddharth Ghodke for the Petitioner.
         Shri. J.P. Yagnik APP, for the Respondent-State.
                            ____________________________________

                                               CORAM :      A. S. GADKARI AND
                                                            KAMAL KHATA, JJ.
                                                  DATE :    8th SEPTEMBER, 2026.

         P.C.:-

         1)                 Present Petition under Article 226 of the Constitution of India

         for lodgment of crime on the basis of Complaint dated 14 th June, 2026,

         filed by the Petitioner is not maintainable, in view of the decision of the

         Hon’ble Supreme Court in the case of Sujal Vishwas Attavar and Anr. Vs.

         State of Maharashtra & Ors., reported in 2026 SCC OnLine SC 798 .

         2)                 Petition is accordingly disposed off.




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


              Digitally signed
SANJIV    by SANJIV
          SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.09.17
              10:42:32 +0530
                                                                                               1/1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.