Bombay High Court

SHOBHABAI W/O. RAJU RATHODversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court held that, since the complaint was directed to be pursued as a private complaint, it could not entertain the writ and dismissed the petition.

Summary

Shobhabai, the widow of the late Raju Rathod, filed a criminal writ petition seeking a direction for the police to register a crime against relatives of her deceased husband who she alleged were harassing her. She had earlier lodged a report on 02-11-2019 at Pachod Police Station, but the police recorded it as a non‑cognizable case and directed her to file a private complaint before the court. The petitioner argued that the police failed to take cognizance and therefore approached the High Court. The Court observed that the complaint had already been classified as non‑cognizable and the petitioner was instructed to pursue a private complaint, leaving no scope for the superior authority to intervene. Consequently, the Court declined to grant any relief and disposed of the writ petition, directing the petitioner to file a private complaint in the appropriate court.

Issues considered

Whether the High Court can direct the police to register an FIR when the complaint has been held non‑cognizable and the petitioner has been directed to file a private complaint.
Whether the petitioner’s grievance of harassment constitutes a cognizable offence warranting police action.

Subjects

harassment
private complaint
non‑cognizable offence
criminal writ petition
police inaction
high court jurisdiction

Judgment

2026:BHC-AUG:40043-DB

                                                                        357.20WP

                                               1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        21 CRIMINAL WRIT PETITION NO. 357 OF 2020

                               SHOBHABAI W/O. RAJU RATHOD
                                             VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                            Advocate for the petitioner : Mr.V.A.Bagal
                           APP for Respondent-State : Mrs.U.S.Bhosale
                                                …
                                      CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                     DATE      :   31.08.2026
                 P.C. :


                 1]          Heard. The petitioner is seeking direction to

                 decide her complaint dated 31.12.2019 and thereafter

                 register crime against the concerned accused. However, on

                 going through the said complaint, it appears that the

                 petitioner is having grievance about harassment by the

                 relatives of her late husband. Even in the complaint, the

                 grievance was raised by the petitioner that on 02.11.2019

                 she had lodged report with the concerned Police Station i.e.

                 Pachod Police Station, but cognizance of the same was not

                 taken by the concerned police officials. However, the

                 petitioner herself has placed on record report of N.C. for the

                 incident dated 02.11.2019 wherein it is mentioned that non-
                                                           357.20WP

                                2

cognizable case was registered and she was directed to lodge

private   complaint    before       the   Court.   Under    such

circumstances, when the petitioner was already directed to

lodge private complaint against the concerned persons, there

was no occasion for the superior authority to decide the

subsequent complaint as she could have filed private

complaint before the concerned Court.



2]         Under such circumstances, if the petitioner is still

facing harassment at the hands of the person from the

relatives of her late husband, then she may file private

complaint against them in the concerned court. At this stage,

we are not inclined to grant any relief to the petitioner.

Accordingly, the Criminal Writ Petition stands disposed of.




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

DDC

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