Bombay High Court
NAVIN KUMAR DURGAPRASAD SHARMAversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Bombay High Court lacks jurisdiction to entertain the writ against the Senior Inspector of Police in New Delhi, and the petition must be dismissed.
Summary
Navin Kumar Durgaprasad Sharma filed a writ petition in the Bombay High Court seeking a restraining order against a Senior Inspector of Police in New Delhi, alleging that the officer was being used by his rival to coerce him into a frivolous investigation. The Court noted that the notices challenged were issued by an officer outside its territorial jurisdiction and that the High Court's writ jurisdiction does not extend to New Delhi. It further observed that the petitioner could pursue other remedies, such as an anticipatory bail application, if he feared arrest. Consequently, the Court dismissed the petition on the ground of lack of jurisdiction and availability of alternative remedies. The dismissal leaves the petitioner without the sought restraining order.
Issues considered
- Whether the Bombay High Court has jurisdiction to entertain a writ petition against a police officer of New Delhi.
- Whether a writ of prohibition can be issued to restrain a police officer from issuing notices in a civil dispute.
- Whether the petitioner should instead seek alternative remedies such as anticipatory bail.
Subjects
- writ jurisdiction
- interstate jurisdiction
- anticipatory bail
- protective order
- civil dispute
- criminal appellate jurisdiction
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.10.09
10:47:42
+0530
1/2 15 WP.4509.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4509 OF 2026
Navin Kumar Durgaprasad Sharma .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
…
Adv. B. B. Tiwari a/w Akshata Shinde, for the Petitioner.
Ms Sangeeta D. Shinde, APP, for the Respondent-State.
...
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 08th OCTOBER, 2026
P.C:-
1. Heard the learned counsel for the Petitioner.
The Petitioner has approached this Court with a strange
relief and also in a strange manner. In the wake of the
consistent discord between the Petitioner and Respondent No.
3, we are informed that various complaints/cross-complaints
are filed, but every time, the concerned police station refused
to entertain them on the ground that the nature of discord is
civil in nature. Despite this, according to the Petitioner, the
Senior Inspector of Police, Shalimar Baug Police Station, New
Delhi, was approached by his rival, Arun Kumar Sharma, and
some communications/letters are addressed to him for
2/2 15 WP.4509.2026.odt
attending the investigation. The Petitioner, therefore, seeks a
restraining order against the Senior Inspector of Police from
issuing any letter coercing the Petitioner to join any frivolous
investigation, and he also prays for quashing and setting aside
the said notices.
2. The relief as prayed for in the Writ Petition deserve to be
refused on two counts. Firstly, what is challenged before us are
the notices issued by the Senior Inspector of Police, Shalimar
Baug Police Station, New Delhi, and our writ jurisdiction does
not extend to New Delhi.
On the second count, the Writ Petition deserves to be
dismissed as it is open for the Petitioner to seek available
remedy, like filing an application for anticipatory bail or
seeking any protective measures if he apprehends that he may
be arrested in connection with the said CR.
Hence, we dismiss the Writ Petition.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
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