Bombay High Court
NOORUDDIN ISMAIL QURESHIversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The petition under Article 226 seeking the lodging of a criminal case is not maintainable.
Summary
The petitioner, Nooruddin Ismail Qureshi, filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 18 May 2026. The High Court examined the petition in light of the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The Court considered whether a writ petition under Article 226 can be used to compel the filing of a criminal complaint. Relying on the Supreme Court precedent, the Court held that such a petition is not maintainable. Consequently, the petition was dismissed and the matter was disposed of.
Issues considered
- Whether a writ petition under Article 226 for the lodging of a criminal case is maintainable in view of the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra.
Subjects
- Article 226
- Writ Petition
- Maintainability
- Criminal Procedure
- Supreme Court Precedent
Judgment
KSG 14-WP-4136-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4136 OF 2026
Nooruddin Ismail Qureshi … Petitioner
V/s.
The State of Maharashtra & Ors … Respondents
_______________________________________
Mr. M.P. Mishra a/w Ms. A.B. Rawal for the Petitioner.
Ms. M.H. Mhatre, A.P.P. for Respondent No.1-State.
Mr. Ashish Dubey a/w Ms. Gayatri Gupta for the Respondent Nos.4 to 14.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th AUGUST, 2026
P.C. :
. In view of the decision of the Hon’ble Supreme Court in the case
of Sujal Vishwas Attavar and Anr Vs. State of Maharashtra and Ors., reported
in 2026 SCC OnLine SC 798, present Petition under Article 226 of the
Constitution of India for lodgment of crime, on the basis of complaint dated
18th May, 2026, filed by the Petitioner is not maintainable and is accordingly
disposed off.
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.08.27
11:16:06
+0530
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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