Bombay High Court

UDAY CONSTRUCTIONS CO. THROUGH BALASAHEB V GAIKWADversusSTATE OF MAHARASHTRA AND ORS

Decided: 1 September 2026
Disposal: Disposed Off

Holding

A writ petition under Article 226 seeking a direction to lodge an FIR is not maintainable.

Summary

Uday Constructions Co. filed a writ petition under Article 226 of the Constitution seeking a direction to the police to lodge an FIR based on a complaint it had made. The petition was examined 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. The High Court concurred with this precedent, finding that the petitioner could not compel the police to register an FIR through a writ. Consequently, the petition was dismissed. The court ordered the petition to be disposed of.

Issues considered

Whether a writ petition under Article 226 seeking a direction to lodge an FIR is maintainable in view of the Supreme Court’s decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra?

Subjects

Article 226
Writ Petition
FIR
Police
Maintainability
Supreme Court precedent

Judgment

                        DTG                                                            34-Wp-4383-2026.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CRIMINAL APPELLATE JURISDICTION

                                                WRIT PETITION NO. 4383 OF 2026

                        Uday Constructions Co.                                        … Petitioner
                                 V/s.
                        The State of Maharashtra & Ors.                               … Respondents
                                            _______________________________________

                        Mr. Girish Godbole, Senior Advocate i/b Mr. Tushar T. Chavan for Petitioner.

                        Smt. P.P. Shinde, A.P.P. for Respondent-State.
                                          _______________________________________

                                                     CORAM : A. S. GADKARI AND
                                                             KAMAL KHATA, JJ.
                                                     DATE  : 1st September 2026

                        P.C. :

                        1)              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 filed under Article 226 of the

                        Constitution of India, for lodgment of FIR on the basis of complaint filed by

                        the Petitioner with the concerned Police Authorities, is not maintainable.

                        1.1)            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
            16:52:51 +0530

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