Bombay High Court

RAKHI SANJAY GUPTAversusSTATE OF MAHARASHTRA AND ORS

Decided: 7 September 2026
Disposal: Disposed Off

Holding

The court directed the Senior Inspector of Police, RCF Police Station, to register the FIR and disposed of the petition.

Summary

Petitioner Rakhi Sanjay Gupta filed a criminal writ petition seeking a court direction for the Senior Inspector of Police, RCF Police Station, to register an FIR based on her complaint dated 21 August 2026. The petitioner alleged that the police had not yet registered the FIR, prompting the petition. The learned Additional Public Prosecutor informed the court that the police were about to register the FIR in compliance with the petitioner's complaint. The court accepted this statement, noting that the registration of the FIR and related investigative steps, including preservation of CCTV footage, would satisfy the petitioner's relief. Consequently, the court disposed of the petition without ordering any further relief. The decision underscores the court's willingness to intervene to ensure police compliance with procedural obligations under criminal law.

Issues considered

What is the appropriate judicial remedy when a complainant alleges that the police have failed to register an FIR?

Subjects

FIR registration
Criminal Procedure Code
Writ petition
Police duty
Judicial direction

Judgment

 SKN                               1 of 2                 04-WP-4437.26


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

        CRIMINAL WRIT PETITION NO. 4437 OF 2026

Rakhi Sanjay Gupta.                             …    Petitioner..
     Versus
The State of Maharashtra and others.            …    Respondents.

                           __________
Mr.Shashikant P. Chaudhari with Ms.Snehal S. Chaudhari,
Mr.Manojkumar Singh, Mr.Puneet Shukla, Mr.Gyanprakash Pal,
Mr.Pranot Pawar, Ms.Sarita G. Pal i/b. Maharashtra Law Associates
for the Petitioner.
Ms.Supriya Kak, APP for the Respondent- State.
Mr.Ramdas Patil, PI with Ms.Dipali Pawase,, PSI, Mr.Laxman
Kambale, PSI and Mr.Somnath Aavhad, PSI present.
                           __________

                 CORAM : SARANG V. KOTWAL &
                         RANJITSINHA RAJA BHONSALE, JJ.

                 DATE     : 7th September 2026.
PC :


1.      This Petition is filed with the main prayer for the direction
to the Senior Inspector of Police, RCF Police Station to register FIR
on the basis of Petitioner’s complaint dated 21 st August 2026.
There are also other prayers.


2.      The learned A.P.P., on instructions states that the RCF
Police Station is going to register the FIR on the complaint dated
21st August 2026 submitted by the Petitioner.
                                   2 of 2                  04-WP-4437.26




3.      At this stage, this serves the purpose of the Petitioner.
Therefore, learned counsel for the Petitioner states that the
Petitioner is not pressing other prayers.


4.      The statement made by the learned A.P.P. is recorded and
accepted. All the necessary steps for investigation including
preservation of CC TV footage shall be taken by the Police Officer
of RCF Police Station in accordance with law.


5.      With the aforesaid observation, Petition is disposed of.


(RANJITSINHA RAJA BHONSALE, J.)             (SARANG V. KOTWAL, J.)

Continue reading with your account

Checking your session…