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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