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Bombay High Court

RAHUL MADHUKAR BIRLAversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition was dismissed as withdrawn, and no order directing registration of an FIR was issued.

Summary

The petitioner, Rahul Madhukar Birla, filed a writ petition under Article 226 of the Constitution and Section 528 of the BNSS (replacing Section 482 of the Criminal Procedure Code) seeking a mandamus directing the police to register an FIR under Section 154 of the CrPC against respondents 2 to 4 for alleged offences. The petition also sought an order to investigate the refusal of the police officer to register the FIR and to take action against that officer. The petitioner’s counsel later sought permission to withdraw the petition. The High Court, after granting the withdrawal, dismissed the writ petition as withdrawn. No substantive merits on the issue of mandamus or FIR registration were adjudicated.

Issues considered

  • What is the jurisdiction of the High Court under Article 226 and Section 528 (BNSS) to issue a writ of mandamus directing police to register an FIR?
  • Whether a writ of mandamus can be issued to compel a police officer to perform statutory duties under Section 154 of the CrPC?

Legislation cited

Subjects

  • mandamus
  • FIR registration
  • Article 226
  • Criminal Procedure Code
  • withdrawn petition
  • High Court
  • jurisdiction

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                      WRIT PETITION NO.3825 OF 2025
Rahul Madhukar Birla                                            .. Petitioner
          Vs.
The State of Maharashtra,
Through Chitalsar Police Station, Thane & Ors.                  .. Respondents


Mr. Som Bhadra Singh, Advocate, i/by Kumar & Associates, for
the Petitioner.
Mr. S.V. Gavand, Additional Public Prosecutor for Respondent
No.1.
Ms. Sourabhi Waknis, Advocate, i/by White & Brief, Advocates &
Solicitors, for Respondent No.2.
Mr. Arjun Yadav, i/by Mr. Shon Gadgil, Advocates for Respondent
No.4.

                       CORAM :        SHREE CHANDRASHEKHAR, CJ. &
                                      GAUTAM A. ANKHAD, J.
                       DATE       :   4TH MARCH 2026.

P.C. :

        By this petition, the petitioner seeks the following reliefs:

         “(a)   That this Honorable Court in jurisdiction under Article 226 of
                the Constitution of India and under Section 528 of BNSS
                (replaced/modified from Section 482 of the Criminal
                Procedure Code, 1973) be pleased to issue writ of mandamus
                and/or any appropriate writ or order or direction in the
                nature of the mandamus directing the respondent no.1 to
                perform their statutory duty under Section 154 of Criminal
                Procedure Code by taking cognizance of the complaints
                lodged by the petitioner against the respondent nos.2 to 4 by
                registering a FIR as required under section 154(1) of the
                Criminal Procedure Code, 1973 against the respondent nos.2
                to 4 for the offences of infringement, cheating,
                misappropriation of property, criminal breach of trust,
                criminal conspiracy and passing off unfair competition at the
                cost of causing loss and damages to the petitioner etc.;
         (b)    That this Honourable Court in jurisdiction under Article 226 of
                the Constitution of India and under section 528 of BNSS
                (replaced/modified from section 482 of the Criminal
                                         1/2
2-WP-3825-2025.doc                                                                Dixit
                                   Procedure Code, 1973) be pleased to issue writ of mandamus
                                   and/or any appropriate writ or order or direction directing the
                                   respondent no.1 to initiate investigation in pursuance to the
                                   complaint (being Exhibit “J” to the petition) and take
                                   appropriate action against the erring officer of the Chitalsar
                                   Police Station who refused to register the FIR on the
                                   complaint of the petitioner in the interest of justice;
                            (c)    That urgent ad-interim in terms of prayer clauses (a) and (b)
                                   above be granted;
                            (d)    That cost of the petition be provided for.”


                      2.    Mr. Som Bhadra Singh, the learned counsel for the
                      petitioner, on instructions, seeks permission to withdraw this writ
                      petition.

                      3.    Criminal Writ Petition no.3825 of 2025 is dismissed as
                      withdrawn.



                      [ GAUTAM A. ANKHAD, J. ]                                   [ CHIEF JUSTICE ]




          Digitally
          signed by
SNEHA SNEHA
      ABHAY DIXIT
                                                             2/2
ABHAY Date:       2-WP-3825-2025.doc                                                                 Dixit
DIXIT 2026.03.05
      16:01:26
          +0530


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