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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