Created by Fuzzy Cloud

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




                                                                                                                   1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.