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Bombay High Court

USHA UDAY NAYAKversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

A writ petition for the purpose of directing the police to lodge a criminal case is not maintainable.

Summary

The petitioner, Usha Uday Nayak, filed a writ petition seeking the court to direct the police to lodge a criminal case based on a complaint she had made. The petition argued that the police had failed to register the FIR. The respondents, the State of Maharashtra, contended that the petition was not maintainable. The Court examined the recent Supreme Court decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798), which held that a writ petition for the purpose of directing the lodging of a crime is not maintainable. Relying on that precedent, the Court concluded that the present petition could not be entertained. Consequently, the petition was disposed of.

Issues considered

  • Whether a writ petition seeking the lodging of a criminal case on the basis of a complaint is maintainable under Indian law

Subjects

  • writ petition
  • criminal procedure
  • maintainability
  • lodging of FIR
  • Supreme Court precedent

Judgment

                           sns                                                    26-wp-4216-2026.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4216 OF 2026

                      Usha Uday Nayak                                         … Petitioner

                               V/s.

                      The State of Maharashtra                                … Respondent



                      Mr. Nikhil Wable a/w. Adv. Dushyant Digambar i/by Jayakar & Partners for
                      the Petitioner.
                      Mr. S. V. Gavand, APP for the Respondent-State.


                                                         CORAM :   A. S. GADKARI AND
                                                                   KAMAL KHATA, JJ.
                                                            DATE : 28th August, 2026

                      P.C.:-

                      1)              In view of the decision of the Hon’ble Supreme Court in the

                      case of Sujal Vishwas Attavar vs. State of Maharashtra reported in 2026

                      SCC OnLine SC 798, present Petition for lodgment of crime on the basis of

                      complaint filed by the Petitioner with the concerned Police Authority is not

                      maintainable.

                      2)              Petition is accordingly disposed off.



                                 (KAMAL KHATA, J.)                      (A.S. GADKARI, J.)


         Digitally
         signed by

SUMEDH
         SUMEDH
         NAMDEO
                                                                                                        1/1
NAMDEO   SONAWANE
SONAWANE Date:
         2026.09.01
         11:14:42
         +0530


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