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Bombay High Court

VIJAYA BHAGWAT NANAVARE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed Off

Holding

The petition under Article 226 for lodging of a crime is not maintainable.

Summary

The petitioners filed a writ petition under Article 226 of the Constitution seeking the court to order the lodging of a criminal case based on a complaint dated 24 September 2018. The High Court examined the petition in light of the Supreme Court’s recent judgment in Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors. (2026 SCC OnLine SC 798). The Supreme Court decision clarified that such petitions challenging the cognizance of a complaint are not maintainable under Article 226. Applying that precedent, the Court held that the present petition could not be entertained. Consequently, the petition was disposed of without any further order.

Issues considered

  • Whether a writ petition under Article 226 seeking the lodging of a criminal case by taking cognizance of a complaint is maintainable after the Supreme Court’s decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra.

Subjects

  • Article 226
  • Writ Petition
  • Criminal Appellate Jurisdiction
  • Maintainability
  • Supreme Court Precedent

Judgment

                             Sbw                                               172-WP-4963-2018.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.4963 OF 2018

                     Vijaya Bhagwat Nanavare & Ors.                        … Petitioners

                               V/s.

                     State of Maharashtra & Anr.                           … Respondents




                     Mr. Balasaheb R. Deshmukh for the Petitioners.
                     Smt. P.P. Shinde, APP, for the Respondent-State.


                                                        CORAM :     A. S. GADKARI AND
                                                                    KAMAL KHATA, JJ.
                                                           DATE :   12th June, 2026

                     P.C.:-

                                      In view of the recent decision of the Supreme Court in the case

                     of Sujal Vishwas Attavar & Anr. vs. The State of Maharashtra & Ors.

                     reported in 2026 SCC OnLine SC 798, the present Petition under Article

                     226 of the Constitution of India for lodgment of a crime by taking

                     cognizance of the complaint dated 24 th September, 2018 of the Petitioner, is

                     not maintainable and is accordingly disposed off.



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

          Digitally signed
          by SANDHYA
SANDHYA BHAGU
        WADHWA
BHAGU   Date:                                                                                         1/1
WADHWA 2026.06.22
          17:47:36
          +0530


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