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Bombay High Court

MUKHTAR MAHEMOOD PATHAN AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The Court held that it will not direct the registration of an FIR and dismissed the criminal writ petition.

Summary

The petitioners, Mukhtar Mahemood Pathan and another, filed a criminal writ petition seeking a court direction to register an FIR against respondents 5 and 6 based on a representation dated 09‑02‑2020. The High Court observed that the petitioners have an alternate remedy of approaching the concerned police station directly. Since the statutory remedy is available, the Court declined to intervene. Consequently, the petition was dismissed without any order directing the police to register an FIR. The decision underscores the principle that courts will not substitute for ordinary police procedures when an alternative remedy exists.

Issues considered

  • Whether a High Court can issue a direction to the police to register an FIR in a criminal writ petition
  • Whether the availability of an alternate remedy (approaching the police station) bars the grant of relief

Subjects

  • Criminal Procedure Code
  • FIR
  • Writ Petition
  • Alternative Remedy
  • Police

Judgment

2026:BHC-AUG:40391-DB

                                                      917 CRIMINAL WRIT PETITION NO. 372 OF 2020




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                        917 CRIMINAL WRIT PETITION NO. 372 OF 2020

                             Mukhtar Mahemood Pathan And Another
                                                 Versus
                              The State Of Maharashtra And Others
                   __________________________________________________________
                   Adv. Bharat Pankaj A. for the Petitioners
                   Mr. N. B. Patil, A.P.P. for State
                   __________________________________________________________

                                     CORAM     : SANDIPKUMAR C. MORE AND
                                                 VAISHALI PATIL-JADHAV, JJ.

                                     DATE      : SEPTEMBER 02, 2026

                   PER COURT :

                   1)             Heard.

                   2)             Although the petition is filed seeking direction

                   to register the F.I.R. against the Respondent Nos. 5 and 6

                   pursuant to representation dated 09.02.2020 made by the

                   petitioners, the alternate remedy is available to the

                   petitioners by approaching the concerned Police Station.

                   3)             Under such circumstances, we are not inclined

                   to grant any relief in favour of the petitioners at this

                   juncture. Accordingly the Criminal Writ Petition stands

                   dismissed.



                   (VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
                             JUDGE                            JUDGE
                   Komal Kamble                                                   Page| 1 of 1


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