Bombay High Court
ANKUSH KUMARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is not maintainable and is dismissed.
Summary
Ankush Kumar filed a writ petition under Article 226 seeking a direction to lodge a criminal case based on a complaint dated 8 May 2026. The High Court examined the petition in light of the Supreme Court’s decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798), which held that such petitions are not maintainable. Relying on that precedent, the Court concluded that the petition was barred. Consequently, the petition was dismissed and the matter was disposed of.
Issues considered
- Whether a writ petition under Article 226 seeking a direction to lodge an FIR is maintainable.
- Whether the Supreme Court’s decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra governs the present petition.
Subjects
- Article 226
- Writ Petition
- FIR
- Maintainability
- Supreme Court precedent
- Criminal Procedure
Judgment
DTG 6-Wp-4245-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4245 OF 2026
Ankush Kumar … Petitioner
V/s.
The State of Maharashtra & Anr. … Respondents
_______________________________________
Ms. Drishti Khurana i/b Zen Jurists for Petitioner.
Mr. Ajay Patil, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 1st September 2026
P.C. :
1) Present Petition under Article 226 of the Constitution of India, is
for lodgment of crime on the basis of complaint dated 8 th May 2026, filed by
the Petitioner with the concerned Police Station.
2) In view of Judgment 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 is not maintainable.
2.1) Petition is accordingly disposed off.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed
by
DNYANESHWAR DNYANESHWAR
TULSHIRAM TULSHIRAM
GHUMNAR GHUMNAR
Date: 2026.09.07
16:57:37 +0530
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