Bombay High Court

SAKSHI SACHIN PATOLEversusSTATE OF MAHARASHTRA AND ORS

Decided: 18 September 2026
Disposal: Disposed Off

Holding

The writ petition is not maintainable and is dismissed.

Summary

The petitioner, Sakshi Sachin Patole, filed two complaints with the police on 21 February 2024 and 2 September 2024 and subsequently moved a writ petition under Article 226 of the Constitution seeking that a criminal case be lodged. The High Court examined whether a writ petition can be used to compel the police to register an FIR. Relying on the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798), the Court held that such a petition is not maintainable. Consequently, the petition was dismissed and the matter was disposed of. The decision underscores that the remedy of a writ under Article 226 is unavailable for directing the police to initiate criminal proceedings.

Issues considered

Whether a writ petition under Article 226 is maintainable to compel the police to lodge a criminal case.
Whether the Supreme Court precedent in Sujal Vishwas Attavar v. State of Maharashtra bars such relief.

Subjects

Article 226
criminal proceedings
FIR
maintainability
writ petition
Supreme Court precedent

Judgment

                       ssm                                                       1-wp4565.2026.doc

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CRIMINAL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 4565 OF 2026

                Sakshi Sachin Patole                                             …..Petitioner

                             Vs.

                The State Of Maharashtra & Ors.                   …..Respondents
                                ____________________________________

                Mr. Dushyant Pagare a/w Adv. Ajay Dubey for the Petitioner.
                Mr. S. V. Gavand APP, for the Respondent-State.
                                 ____________________________________

                                                      CORAM :      A. S. GADKARI AND
                                                                   KAMAL KHATA, JJ.
                                                         DATE :    18th SEPTEMBER, 2026.

                P.C.:-

                1)                 Present Petition under Article 226 of the Constitution of India,

                for lodgment of crime on the basis of complaints dated 21 st February, 2024

                and 2nd September, 2024, filed by the Petitioner with the concerned Police

                Station, is not maintainable in view of the decision of the Hon’ble Supreme

                Court in the case of Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra

                & Ors., reported in 2026 SCC OnLine SC 798.

                1.1)               Petition is accordingly disposed off.




                              (KAMAL KHATA, J.)                            (A.S. GADKARI, J.)


          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
          2026.09.22                                                                                 1/1
          11:25:51 +0530

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