Bombay High Court

APPARAO GOPALRAO KOREversusSTATE OF MAHARASHTRA AND ORS.

Disposal: ABATED
Bench: VRUSHALI V JOSHI RANJITSINHA RAJA BHONSALE

Holding

The petition is dismissed as the petitioner failed to pursue the matter and an alternate remedy is available.

Summary

The petitioner, Apparao Gopalrao Kore, filed a writ petition in 2018 seeking an order for the registration of a crime. The petition remained uncirculated and was not listed before the Court for several years. The Court noted that the petitioner had not taken any steps to advance the matter despite the lapse of time. It observed that the relief sought could be obtained by filing a complaint before the Magistrate Court, which is an alternate remedy. Consequently, the Court dismissed the petition for failure to act and because the appropriate remedy was available elsewhere.

Issues considered

Whether a writ petition seeking registration of a crime can be entertained after a prolonged period of inactivity by the petitioner
Whether the existence of an alternate remedy (filing a complaint before a Magistrate) bars the petition

Subjects

writ petition
criminal procedure
registration of FIR
delay
alternate remedy
court dismissal

Judgment

                                                        16-WP-4628-2018.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
                  WRIT PETITION NO.4628 OF 2018

Apparao Gopalrao Kore                           …..Petitioner
      Vs.
State Of Maharashtra & Ors.                     …..Respondents

None for the Petitioner.
Ms. S. N. Deshmukh, APP for the Respondent-State.

                         CORAM: MRS. VRUSHALI V. JOSHI,
                                  RANJITSINHA RAJA BHONSALE, JJ.
                          DATED: 18th MARCH 2026
P.C.:-
1.       The petition is of the year 2018. Since then, the matter has
neither been circulated nor listed before this Court at the instance of
the petitioner. Considering that the relief sought is for registration of
a crime, the petitioner has an alternate remedy of filing an
appropriate complaint before the Magistrate Court. In view of the
nature of the prayers and the petitioner’s failure to take steps in the
matter, the petition stands disposed of as dismissed.



(RANJITSINHA RAJA BHONSALE, J.) (MRS. VRUSHALI V. JOSHI, J.)




Suresh                                                                   1/1

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