Bombay High Court

JAMEEL KHAN RASOOL KHANversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

The petition is dismissed as the petitioner has an alternative remedy available before the magistrate.

Summary

The petitioner, Jameel Khan Rasool Khan, filed a criminal writ petition seeking a direction to the police officer of Kranti Chowk Police Station to execute a conviction warrant issued by the JMFC 16th Court on 08.02.2016. The petitioner alleged that the police officer was not complying with the order. The High Court noted that the BNSS 2023 provides a specific procedure for recovering fines and that the petitioner could approach the magistrate who passed the conviction order to request issuance of the warrant. Since an alternative and adequate remedy was available, the Court was not inclined to entertain the writ petition. Consequently, the petition was dismissed.

Issues considered

What is the appropriate remedy when a police officer fails to execute a conviction warrant?
Is a criminal writ petition maintainable when an alternative remedy exists before the magistrate?

Legislation cited

BNSS, 2023

Subjects

writ petition
criminal procedure
conviction warrant
alternative remedy
high court jurisdiction

Judgment

2026:BHC-AUG:31057-DB

                                                                          563.2026WP

                                                  1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        24 CRIMINAL WRIT PETITION NO. 563 OF 2026

                                JAMEEL KHAN RASOOL KHAN
                                             VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                 Advocate for the Petitioner : Mr. Mudassir H. Shaikh
                 APP for Respondent/State : Mr. N.B. Patil

                                        CORAM :       SANDIPKUMAR C. MORE &
                                                      VAISHALI PATIL-JADHAV,JJ.

                                        DATE      :   27.07.2026

                 P.C. :


                 1]       Heard.
                 2]       By this petition, the petitioner is seeking direction to
                 decide the petitioner’s application/representation filed before
                 respondent no.3 i.e. the concerned Police Officer of Kranti
                 Chowk Police Station for execution of conviction warrant as
                 per the order of learned JMFC 16 th Court, Aurangabad dated
                 08.02.2016. However, the grievance of the petitioner appears
                 that concerned Police Officer is not executing the conviction
                 warrant as per the aforesaid order.
                 3]       There is a specific procedure given in the BNSS 2023 as
                 to how the fine amount is to be recovered from the accused.
                 Moreover, the grievance raised with respondent no.3 can also
                 be redressed by approaching the concerned Magistrate, who
                 has passed the order of conviction, for making request to
                 issue conviction warrant.
                                                                 563.2026WP

                                    2

4]    Under such circumstances, when the petitioner is
having alternate remedy, we are not inclined to entertain this
petition.
5]           In   view   of   the       same,   the   petition    stands
dismissed.



[VAISHALI PATIL-JADHAV]                   [SANDIPKUMAR C.MORE]
        JUDGE                                  JUDGE


sga

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