Bombay High Court
ATISH MOHAN BHALSINGHversusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Dismissed
Holding
The petition is dismissed because the petitioner has a substantive alternate remedy under Section 22P of the Maharashtra Police Act.
Summary
The petitioner, Atish Mohan Bhalsingh, filed a writ petition challenging a matter before the High Court of Bombay. The petitioner claimed that the court should entertain the petition despite having a statutory avenue to address his grievance. The Court examined whether the existence of a substantive alternate remedy under Section 22P of the Maharashtra Police Act precludes the petition. It held that the petitioner is entitled to approach the Maharashtra State Police Complaints Authority under that provision. Consequently, the Court disposed of the writ petition, directing the petitioner to use the alternate statutory remedy.
Issues considered
- Whether a writ petition can be entertained when the petitioner has a substantive alternate statutory remedy under Section 22P of the Maharashtra Police Act.
Legislation cited
- Maharashtra Police Act — s. 22P
Subjects
- statutory remedy
- Maharashtra Police Act
- Section 22P
- Police Complaints Authority
- writ petition
- High Court of Bombay
Judgment
ssm 29-wp3732.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3732 OF 2018
Atish Mohan Bhalsingh …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________
Mr. Harshad Inamdar for the Petitioner.
Shri. S. V. Gavand APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 20th AUGUST, 2026.
P.C.:-
1) Petitioner is having substantive alternate statutory remedy
under Section 22P of the Maharashtra Police Act to file a complaint before
the Maharashtra State Police Complaints Authority.
2) By reserving the said alternate remedy in favour of the
Petitioner, Petition is disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SHARNAPPA
SANJIV MASHALKAR
SHARNAPPA
MASHALKAR Date:
2026.08.25
10:42:18
+0530
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