Bombay High Court
HARESH MURJIBHAI PATELversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The petition under Article 226 for lodging of a crime is not maintainable and is therefore dismissed.
Summary
The petitioner, Haresh Murjibhai Patel, filed a writ petition under Article 226 of the Constitution seeking the court to order the lodging of a crime by taking cognizance of a complaint dated 26 October 2018. The petition was filed in the High Court of Bombay's Criminal Appellate Jurisdiction. The court examined the recent Supreme Court judgment in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798), which clarified the scope of Article 226 in criminal matters. Relying on that precedent, the bench held that the petition was not maintainable. Consequently, the writ petition was disposed of without any order directing the lodging of the crime.
Issues considered
- Whether a writ petition under Article 226 seeking the court to direct the lodging of a crime is maintainable in view of 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 190-WP-5313-2018 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.5313 OF 2018
Haresh Murjibhai Patel … Petitioner
V/s.
The State of Maharashtra … Respondents
Mr. Amit Dubey i/by Mr. A.M. Saraogi for the Petitioner.
Mr. Ashish I. Satpute, 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 26 th October, 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
17:47:30
+0530
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