Bombay High Court

SMITA W/O. DEEPAK KUMBHARE-ASTEKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that because the petitioner had already filed a complaint seeking the same relief, the writ petition could not be entertained and the appropriate remedy was to direct respondent No.2 to decide the pending application on its merits.

Summary

The petitioner, Smita, filed a criminal writ petition seeking a direction to respondents No.2 and No.3 to lodge a criminal case against respondent No.4 for allegedly submitting false information on oath in her nomination paper for the corporator election of Ward No.15, Ahmednagar Municipal Corporation. The Court observed that the petitioner had already lodged a complaint on the same relief with respondents No.2 and No.3 on 25 October 2019. Since the matter was already before the respondents, the Court found no need to entertain a fresh writ for the same relief. Accordingly, the Court directed respondent No.2 to decide the pending application dated 25 October 2019 on its merits, if it had not already been decided. The petition was disposed of, and the petitioner was instructed to communicate the order to respondent No.2.

Issues considered

Whether the High Court should issue a direction to respondents No.2 and No.3 to initiate criminal proceedings against respondent No.4 for alleged false information on oath in a nomination paper.
Whether the writ petition is maintainable given that a prior complaint on the same relief was filed on 25 October 2019.

Subjects

criminal procedure
writ petition
false information on oath
election nomination
jurisdiction
petition disposal
direction to investigate

Judgment

                                     (1)
                                                     940 Cri.WP-424.2020.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

      940 CRIMINAL WRIT PETITION NO. 424 OF 2020

           SMITA W/O DEEPAK KUMBHARE-ASTEKAR
                                 VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
---------------------------------------------------------------------------
        Mr. Santosh Jadhavar, Advocate for the petitioner.
          Mr. N.B. Patil, A.P.P. for respondent Nos.1 to 3.
---------------------------------------------------------------------------

                     CORAM : SANDIPKUMAR C. MORE AND
                             VAISHALI PATIL-JADHAV, JJ.

                     DATED      : 16th September, 2026

Per Court :

1.    Heard.



2.    Though this petition is filed for direction to respondent

Nos.2 and 3 to lodge crime against respondent No.4 for

submitting false information on oath in the nomination paper

submitted      by    the    petitioner     for   contesting   election        of

Corporator     of    Ward     No.   15      of   Ahmednagar      Municipal

Corporation, however, it appears that the petitioner had given

one complaint to the present respondent Nos.2 and 3 for the

same relief on 25.10.2019.                 Therefore, instead of giving

direction     as    sought,   we deem it appropriate to               direct

respondent No. 2 to decide the aforesaid application of the

petitioner.
                              (2)
                                             940 Cri.WP-424.2020.odt
3.    Thus, we dispose of this petition with direction to

respondent No. 2 to decide the application of the petitioner

dated 25.10.2019, if not already decided, on its own merits.



4.    The petitioner is directed to communicate this order to

respondent No. 2 within a reasonable time.




(VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
       JUDGE                                JUDGE




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