Bombay High Court

UDAY CONSTRUCTION CO THROUGH BALASAHEB V GAIKWADversusSTATE OF MAHARASHTRA AND ORS

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The petition is not maintainable and is therefore disposed of.

Summary

Uday Construction Co. filed a writ petition under Article 226 of the Constitution seeking the lodging of an FIR based on a complaint dated 1 December 2025. The petition relied on a recent Supreme Court judgment in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The High Court examined whether, in light of that Supreme Court decision, a writ petition for FIR lodging is maintainable. The Court held that the Supreme Court precedent rendered the petition non‑maintainable. Consequently, the petition was disposed of without any order directing the police to register an FIR.

Issues considered

Whether a writ petition under Article 226 seeking the lodging of an FIR is maintainable after the Supreme Court's decision in Sujal Vishwas Attavar v. State of Maharashtra.

Subjects

Article 226
FIR
writ petition
maintainability
Supreme Court precedent
criminal procedure

Judgment

                           DTG                                                            10-Wp-528-2026.doc



                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                  CRIMINAL APPELLATE JURISDICTION

                                                    WRIT PETITION NO. 528 OF 2026

                           Uday Construction Co.                                         … Petitioner
                                    V/s.
                           The State of Maharashtra & Ors.                               … Respondents
                                               _______________________________________

                           Mr. Girish Godbole, Senior Advocate i/b Mr. Tushar T. Chavan and Mr. Nilesh
                           Joshi for Petitioner.

                           Smt. P.P. Shinde, A.P.P. for Respondent-State.
                                             _______________________________________

                                                        CORAM : A. S. GADKARI AND
                                                                KAMAL KHATA, JJ.
                                                        DATE  : 1st September 2026

                           P.C. :

                           1)              In view of Judgment of the Hon’ble Supreme Court in the case of

                           Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors., reported in

                           2026 SCC OnLine SC 798, present Petition filed under Article 226 of the

                           Constitution of India, for lodgment of FIR on the basis of complaint dated 1 st

                           December 2025 filed by the Petitioner with the concerned Police Authorities,

                           is not maintainable.

                           1.1)            Petition is accordingly disposed off.




                                           ( KAMAL KHATA, J. )                     ( A.S. GADKARI, J. )
            Digitally signed
            by
DNYANESHWAR DNYANESHWAR
TULSHIRAM
GHUMNAR
            TULSHIRAM
            GHUMNAR
                                                                                                               1/1
            Date: 2026.09.07
            16:57:15 +0530

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